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I really need assistance on this issue. My Fiance and I

I really need assistance on...
I really need assistance on this issue.My Fiance and I recently loaned my brother a 2000 Georgie Boy RV that he has only had for a few weeks. He was using it as a residence while he worked in Brevard County, FL.He has since been arrested for a domestic issue and will be there for an undetermined period. The RV registered in my Fiance's name and the 2001 Trailblazer registered to myself was located at an RV Park in Merritt Island. The woman whom he invited into the RV, and has been there for a total of five days, has stated she is establishing residency and is now taking both vehicles to Alabama. Brevard County Sheriff's is refusing to cooperate with us due to the local laws. They state the issue is a civil matter and we would need to take her to court. As we are not in Florida and provided a suit was filed, she would be unable to locate and no longer be in the state of Florida.We are currently located in Andrews, Texas and can't even file a stolen vehicle report.We filed a claim with the insurance company for the RV who advised they would follow up on the claim.Can this individual just take our property and everything my brother owns after only five days?Please help us with a course of action.Thank you.Theresa L. Doege
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Answered in 4 minutes by:
10/15/2017
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,737
Experience: 30 years experience in general legal matters.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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I am sorry to hear of the problem.

When someone holds your property, after obtaining possession lawfully, the legal remedy is to file for a writ of replevin (called a "turnover order" in some jurisdictions) in the state and county where the property is being held. That is a petition where you ask a judge to restore possession to you of your property being held by someone else. The order to restore possession is under threat of being held in contempt. The court also has discretion to order money damages for the loss of use.

While it is possible to proceed pro se, equitable remedies can get complicated and an attorney is recommended.Especially in this case where you need to move very quickly and it may involve filing in another state.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

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Did you have further questions? Please let me know if your question was answered satisfactorily.

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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,737
Experience: 30 years experience in general legal matters.
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