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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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My daughter was engaged to a man that was abusive. They were

Customer Question

Hello, my daughter was engaged to a man that was abusive. They were supposed to get married but she called it off do to his actions. She is a marine in air traffic control training and has been in Florida 4 months or so. I'm March she got a loan to purchase a truck for her would be husband. The truck is in both names. He has the truck and is refusing to pay for it. He has not paid a penny. What can be done about this if anything at all
Submitted: 4 months ago.
Category: Legal
Expert:  Gerald, Esq replied 4 months ago.

Hello:

Please bear with me while I verify something for you. Thank you for your patience.

Kind regards,

Gerald

Customer: replied 4 months ago.
Thank you
Customer: replied 4 months ago.
Are you still there
Expert:  Gerald, Esq replied 4 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The proper legal action used to force the sale or dived property is called a "Partition Action." Although most often used for Real Property, historically under West Virginia law the courts will accept a Petition to Partition personal property under the Court's Equity jurisdiction.

This is a long winded way to say that your daughter can bring an action in the COunty Court where the ex-fiance is located to force him to sell the truck or transfer the truck to her.

The problem however is the practical expense of bringing the action. Small Claims Court Jurisdiction is only $5,000.00. I assume the value of the truck is greater than that. So you are looking to file in County Court..

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald, Esq replied 4 months ago.

Sorry for the delayed response. It is a bit complicated. I am working on getting you a bit more information.

Expert:  Gerald, Esq replied 4 months ago.

Thank you for your continued patience.

The correct court will be the Circuit Court for your County. You can find sample forms here:

http://www.courtswv.gov/legal-community/court-forms.html

The first step is to prepare and file a Complaint for the Partition and Sale of the Truck. There isn't a sample complaint just for that type of action as far as I can find. But if you use a basic complaint form and enter the facts you should be Okay.

Good luck.

Kind regards,

Gerald

Customer: replied 4 months ago.
My daughter borrowed $6000 plus interest to be paid is $544. This man's mom is trying to weasel her way into this and involve an engagement ring that she bought and gave to her son for Christmas to give to my daughter. That has nothing to do with the truck.
Expert:  Gerald, Esq replied 4 months ago.

It may be best for her to limit her claim to the $5000.00 Small Claims limit. It would mean losing the $1000.00 plus the $544 off the top. BUTthe process is much easier in Small Claims Court and she is likely to get a better result.

I agree the ring is a separate issue.

Customer: replied 4 months ago.
She gave the ring back which they have
Customer: replied 4 months ago.
Thank you for your help
Expert:  Gerald, Esq replied 4 months ago.

The ex-fiance's mother has no standing legally. Also since the ring was returned there are no damages that are recognizable in Court in relation to the ring.

Your Daughter has a good claim in regard to the truck.

The other possibility is for her to stop paying on the truck. BUT that will damage her credit as well as his.

She might want to contact the lender to see if she can work something out, but lenders usually don't want to involve themselves in these matters.

I wish I had a better solution for you.

Kind regards,

Gerald

Pleas do not forget to rate me. It adds nothing to your costs but is very helpful to me. Thank you.

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