My son is Army/Ft Hood but is in Kuwait, I have POA for his issues. He was engaged but broke up - they have 2 cars, 1 in his name only (Maxima), the other in both names (Hummer). She took Maxima back to Ohio and was to return to my ex-husband. She won't return Maxima. She can have Hummer if she refinances but she won't try to get a loan. What legal recourse do we have to get his car back. Can we report stolen what do we do??Pam, mother of army Soldier
State/Country relating to question: Texas
Talking to son, ex-fiancee. She won't listen and will not return car.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.You can report the car stolen...if the car is in his name alone, you can report this to the local police.Of course, you face the challenge that they were engaged to be married...many times police will not get involved when the parties are married or cohabiting and there is not a court order. This since such cases can be very tough to prosecute.SO you can report this to the police...but the police have discretion on if they will investigate or recommend the case for prosecution.Still, I would report this and ask them to prosecute.The other option you have is he can sue her for the value of the car. He can actually file this, through a lawyer, despite the fact he is deployed. But he would need to pay a lawyer to file and present the case.
I understand, we can report maxima stolen and see if police will help. Is my son legally responsible to give her hummer (there both are on loan) or doesn't she need to refinance so he isn't on loan. Also does he legally have to transport hummer from TX to OHIO??
If he is not married, then the obligations of your son/her are determined by what they agreed to.It depends on what they agreed to when they purchased the cars.So, for the Hummer, if they agreed that they would both pay for the car (share the cost) then they will need to agree on what to do now (since the relationship is over).Its basic contract law...what they agreed to at the time they made the purchase will control now.Of course, you have the problem that he is out of the country...and she is not cooperating.And your POA is of no significance as far as she is concerned. (your poa has no legal significance to her)So if they can agree on how to solve this? Then they can execute that agreement.If they can not agree? He can sue her for his share of the equity (if there is any).But if there is no equity? ANd they can not agree what to do? Then they have a mess...and no simple way to solve absent hiring a lawyer.No...there is no requirement she refi unless that was the agreement they had before he leftAnd transport? Same/same...absent some agreement otherwise, he has no obligation to transport the hummer...nor will she.Your son has a mess...if he is smart he will try and work this out with his ex.If she refuses, he can hire a lawyer to sell the car and split the cost/loss. That would be the best way to keep this from harming his credit.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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