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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89320
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I would like to inquire about your services to file a warrant

Resolved Question:

I would like to inquire about your services to file a warrant of detinue in Spotsylvania over a motor vehicle.

I live in the Philadelphia Region of PA,but the property in question is in Spotsylvania.

Please contact me at XXX-XXX-XXXX

my name isXXXXX
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I am afraid that the law forbids us from representing anyone from this site. As you need local legal representation you need to try the PA bar or the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org
Customer: replied 9 months ago.

How about Step by Step instructions on how to file a detinue over a motor vehicle. I live in the Philadelphia Region of PA,but the property in question is in Spotsylvania, VA. I entered into an agreement in June of 2012 with an individual over purchasing my 2012 Challenger for $25,000.00, They made excellent payments until 08/13/2013, and have refused to make any further payments or return the property. Balance owed is $14700.00 (I just want property returned


 


 


Currently they are in arrears $1650.00. I have made several attempts to regain the property but they keep hiding the vehicle.


 


Verbiage of the agreement between myself and the other party is as follows:


 


PURCHASER AGREES TO THE FOLLOWING:



  1. Maintain the above mentioned vehicle per the Manufacturer’s Suggested Service Recommendations

  2. That THEY are the only designated driver of this vehicle. If another individual is found to be driving the car and gets into a Motor vehicle accident. They are responsible for all costs to repair the vehicle or replace the vehicle. They understand no other driver, but the purchaser will be covered by SELLER’s insurance. They agree no one will be allowed to drive the vehicle.

  3. Make all payments on the agreed upon terms listed above using the method of CASH, Money Order or Certified Bank Cashier Check. (No personal checks will be accepted. Purchaser is hereby notified that no grace period is given. Payments are due on the 15th and last day of every month for the full term.

  4. Will bring the vehicle to the required vehicle emission inspection station at an agreed upon time between the seller and purchaser – 10 days notice will be given by seller.

  5. They will be responsible for all operating costs of the vehicle:

    1. Fuel

    2. Regular Maintenance (Oil Changes, Tire rotation or replacement, Brake replacement, Tunes ups etc)

    3. Any moving violations resulting from traffic stops or traffic control devices; such as red light, speed or aggressive driving cameras. This includes any violation in regards XXXXX XXXXX made to the vehicle that may result in a safety violation by law enforcement. including all late fees if applicable

    4. Parking ticket violations, including all late fees if applicable


      1. Registration Renewal (Cost is $180.00 USD per 2 year period, based on Maryland Law as of the signing date of this agreement) Note: cost is subject to change at any time if the Maryland state legislature passes laws to increase Motor Vehicle fees.

      2. Emissions Inspection Fee

      3. Any fees that result in towing or impoundment of the vehicle for violating traffic or parking laws. If the seller must retrieve the vehicle because purchaser did not collect the vehicle within 7 days of impound. The seller will hold onto the vehicle until all fees are reimbursed by purchaser to seller.

      4. The Insurance Deductible in the event of a collision or any other claim - The Deductible is $1,000.00 Comp and Collision.

        1. PURCHASER is also responsible for towing and rental fees. They are not included in Insurance coverage.

        2. Maintain their driver’s license in a valid state. If the purchaser is involved in an incident (accident DUI Traffic stop etc) that causes the vehicle to be impounded and purchasers license is suspended, vehicle will not be returned to purchaser until they provide proof their driving privileges have been re-instated.

        3. Agrees that payment schedule must be maintained as agreed. (even if, the vehicle is involved in a traffic accident. While it is being repaired payments will continue as scheduled. This includes impoundment as well. etc.)

          1. If 2 (two) consecutive payments are missed; Seller has the right to repossess the vehicle.

          2. If the vehicle is repossessed by seller; purchaser must provide all payments missed, plus one additional future payment of $400.00, to receive the vehicle back. The terms will continue as set forth in the terms listed above.

          3. If the purchaser doesn’t retrieve the vehicle within 15 days of repossession. They agree to relinquish all claims to the vehicle. No monies will be refunded. Seller can seek all monies owed on the loan as well as legal fees and fees associated with repossession and storage of the vehicle. Seller can seek all monies owed on the loan as well as legal fees, and seller can and will enforce all court issued judgments arising from such legal issues

          4. Agrees and Acknowledges that the Seller is not a finance company or car dealer by volume, and this loan is being done on a good will basis between the seller and purchaser. This contract and its Loan terms are legally binding and can be enforced in a court of law. (seller can and will enforce all court issued judgments arising from such legal issues)

          5. Agrees to not have additional keys made for the vehicle, or the vehicles key security program, altered without providing a seller with a working operational copy of the key. Seller will verify key operation before agreeing to continuing the terms of the agreement.

          6. Must inform seller of any changes to physical home address, employment or storage location of the vehicle.

            1. If notice is not made within 10 days of change, Seller has the sole right to repossess the vehicle until proper information is provided and carefully verified.

            2. Purchaser agrees vehicle will be stored and kept at their above listed address. Any changes to that address see agreement step #11.

            3. If the vehicle is involved in a AT FAULT accident. The purchaser agrees to cover/reimburse all legal fees associated with any legal claim arising from said accident. If insurance premiums rise because of an at fault accident. Purchaser will make up the difference between the original premium and the raised rate premium.

            4. Report immediately to Law Enforcement and Seller if the vehicle is stolen or vandalized. Also provide a police incident report number to seller so seller can initiate any required insurance claims

            5. Only the seller can initiate insurance claims. Any claims purchaser wants to make must go through seller first.







 


I have the vehicles title, which is in my name, I have attached it. Individual holding car is a L'Oreal Ross of 7800 Gant Hills Road Fredericksburg, VA (Spotsylvania County)

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

This is going to require a filing of a petition or complaint in the court in VA and it would be for breach of contract and as part of the breach of contract you would ask for detinue (or repossession over the vehicle) since she is hiding the vehicle. You will need an attorney in VA, since the small claims court cannot order anything but money damages so you would have to go through the regular court to get a court order to seize the vehicle as she is hiding it. Your other recourse is to use a repossession company in that area of VA and have the go out and locate the car to simply repossess it as you are the legal lienholder.

Here is a sample compliant so you can see what one looks like, but because you are out of state you really would have to use a local attorney there to file it. Sample Complaint. As part of your suit you would add in all of the costs for going to court, repossession and attorney's fees (as you can recover attorney's fees for this type of breach of contract).

Your complaint is filed in the civil court with the clerk and you would then use a process server to serve the party with a copy of the suit and a subpoena to appear in court and your suit would progress.




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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89320
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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