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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Legal
Satisfied Customers: 189
Experience:  Over 12 years experience - Mid South Super Lawyer
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Ending a one year relationship with someone and i gave them

Resolved Question:

Ending a one year relationship with someone and i gave them permissible use of my vehicle. He now refuses to return the vehicle. The vehicle, registartion and ins. are all in my name. I reside in the state of NV and he has now returned to his home state of CA with my truck. Is this considered a breach of trust? and do I actually have to sue to retrieve my vehicle?
Submitted: 5 years ago.
Category: Legal
Expert:  John A. Flynn, Esq. replied 5 years ago.

I'm sorry to hear this. So long as you don't have a lease arrangement with him, and it sounds to me like you basically just let him use with no specific agreement regarding it, you would be absolutely entitled to return of the vehicle. If you have a set of keys, I see nothing legally wrong (again, assuming he does not have a lease or some legal right to have the vehicle) with you going out there, getting in the vehicle, and driving it away. I would first send him a certified letter explaining that if he doesn't return the vehicle to you by a certain date, that you will take action to recover the vehicle. After the date has passed you might either try self-recovery, or possibly even reporting the vehicle stolen to his local police department, and explaining the situation. They may or may not consider that theft and pursue it criminally (I contend that it becomes theft even though you permitted him to use it, when you send him the certified letter demanding its return and he refuses.) If you are afraid to do either of those things for some reason, you can hire a lawyer in California and file a suit for what is known as "replevin" (return of personal property). A more detailed article on replevin may be found here: http://en.wikipedia.org/wiki/Replevin

 

Good Luck, and I hope this helps.

 

John Flynn

 

John A. Flynn, Esq., Attorney
Category: Legal
Satisfied Customers: 189
Experience: Over 12 years experience - Mid South Super Lawyer
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