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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Galveston county Texas , hello I am the 1st and only lien holder

Resolved Question:

Galveston county Texas , hello I am the 1st and only lien holder on a vehicle that i reposed from a customer that failed to make payments or keep the required insurance on the vehicle. Is it legal for that customer to file a writ of sequestration on that vehicle in which they do not own and broke our agreements in the retail contract?
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

There is nothing illegal about filing for a writ of sequestration and requesting that the property in this case be held by the courts of the US Marshall until the hearing is held. Very likely the customer is claiming that the lien repossession or the loan is somehow invalid, and so as to ensure that the vehicle is not sold off or otherwise disposed of can demand that the property remain. The customer had an interest in the property, and while they may not have been an owner (as the title remained with you), the did have a property right which could grant them a legal right to demand from the courts that the property be maintained pending final outcome.

Good luck.
Customer: replied 5 years ago.
The constables office came and took possession of the vehicle, stating that if I did not give them the vehicle I would be arrested. That doesn't seem ok to me, how can I be arrested for taking back my property. Also they said the vehicle will be placed in their storage facility until the court makes a decision. Do you have any advice as to what I can do to get my vehicle back. It really seems to me that the customer is friends with the constable and this is an abuse of power. Also it is a perfect lien, I am a car dealer.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

My apologies, Mike, but while I can address your concerns, I cannot provide you with "legal advice" since that would violate site rules and state bar limitations. What I can state is that I can reiterate my initial answer under which if the other party is claiming otherwise (either that they are owners, or the repo was imperfectly done or against state law), this is not unfair or illegal, this is permitted behavior by the other party. It has nothing to do with being the constable's friend, it is a legitimate claim under state law which permits the aggrieved party to request that the courts re-evaluate how the lien took place. There are at least 4 sides to any situation in court, your side, your opponent's side, the actual truth, and what the judge decides--therefore while from your perspective this may not be fair, the other party may have a completely different take on this situation. The best way to get the vehicle back is to push forward as quickly as possible for the hearing, or file a petition for summary judgment which if the judge approves, would release the vehicle once the petition against you is dismissed.

Good luck.
Customer: replied 5 years ago.
Ok, just checking if it's neither one of these "(either that they are owners, or the repo was imperfectly done or against state law),"
Is it still legal?
Expert:  Dimitry K., Esq. replied 5 years ago.
It is still legal until the courts consider the petition made by the customer as without cause or otherwise frivolous. But at least right now facially it is valid because the customer did have an equitable interest in the vehicle because he maintained it and was making loan payments.

Good luck.
Customer: replied 5 years ago.
Last one here, do you know what I can file withe the court for my reasoning and beliefs that this writ was filed frivolously.
Thanks for your help!
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up, and you are most welcome.

You would file a petition to set aside the writ in the county where the writ originated from and where it was ordered. That is where you can legitimately try to file your contest to the petition and try to get the judge to reconsider the order.

Good luck.
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