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Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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My ex-girlfriend has my car and wont return it. Its in my

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My ex-girlfriend has my car and won't return it. Its in my name and has a loan with a credit union. The car is supposed to me with me at all time based on my contract w/ the credit union. What can I do to get it back?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Pro replied 5 years ago.
How did she come into possession of the vehicle?

How long ago did she obtain possession of the vehicle?
Customer: replied 5 years ago.
It was her vehicle to begin with but she needed someone to sign for a new loan because her credit was shot. A condition of her divorce was that she sign the truck in her name but her credit wasn't good enough so I signed for it. Its been with her for 2 years. She has been making payments off in on. The last few months I've been making payments to protect my crediit. I broke up 2 years ago. It been with her for 2 years and I've been asking her repeatedly to get the truck out of my name. Now she doesn't make payments.
Expert:  Law Pro replied 5 years ago.
OK, you have no alternative put to get a repossession company to repo the vehicle.

You can't file a police report because you gave it to her voluntarily.

You can file suit - a replevin action - but that would take more time and be expensive than just paying a company to repossess and hold for you to come pick it up.

Under the circumstances that is your best option - not your only option - but your best option unless you want to go through the time and expense of filing suit, serving her, attending a court hearing, then getting a judgment against her.

You can always file suit later - for breach of contract. But as to the immediate ability to get the vehicle back - paying a repo company is the fastest and best alternative.

All you need to do is give them her address and description of the vehicle and show them ownership papers. This can all be done by fax if need be.
Customer: replied 5 years ago.
I don't have her current address and the repo company I spoke to says they won't do it because its not a bank repo. I will try to contact others. What do you suggest I tell them?

Expert:  Law Pro replied 5 years ago.
Yes, contact other repo companies and explain the situation. They will want their fee up front because they are not dealing with a bank They even might charge a little bit more than they would a bank to you. But you will be able to find one that will work with you and get the vehicle.

You need to find out her address so that a repo company can go directly to her residence. It would be even better if you knew where she worked - then they could go to the parking lot (depending if her employer has such) and pick up the vehicle while she's at work.

1) It's either this way OR file suit against her for replevin and damages. Either way you need to know her address.

2) This is usually the cheaper way to go and you get the vehicle almost immediately - then you can file suit against her later.
Expert:  Law Pro replied 5 years ago.
You can't file a complaint with the police because you gave her the vehicle to begin with - so it's NOT a criminal matter and they won't assist you.
Customer: replied 5 years ago.
In a replevin action, can I also sue for monies owed to me?This is my last question, I think everything else is answered.
Expert:  Law Pro replied 5 years ago.
Yes. You can include multiple requests or counts in one action. You would file a civil action against her and in count 1) replevin, 2) unjust enrichment, 3) breach of contract, 4) fraud and misrepresentation

Replevin - An action to recover personal property said or claimed to be unlawfully taken.

That she in in possession of your property.

Unjust Enrichment -Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.

The elements are:

1) Was the defendant enriched?
2) Was the enrichment at the expense of the claimant?
3) Was the enrichment unjust?
4) Does the defendant have a defense?
5) What remedies are available to the claimant?

Breach of contract (of a verbal or written agreement) is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.

Has the following elements:

1) an agreement - verbal or in writing
2) breach of that agreement
3) damages

In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. fraud has nine elements:
  1. a representation of an existing fact;
  2. its materiality;
  3. its falsity;
  4. the speaker's knowledge of its falsity;
  5. the speaker's intent that it shall be acted upon by the plaintiff;
  6. plaintiff's ignorance of its falsity;
  7. plaintiff's reliance on the truth of the representation;
  8. plaintiff's right to rely upon it; and
  9. consequent damages suffered by plaintiff.

So, you would file one civil action against her and have a count for each of those listed and explain what you want under each count.
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24869
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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