How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kim Courtney Your Own Question
Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4219
Experience:  Founder/Member at Food Business Association
8989662
Type Your Legal Question Here...
Kim Courtney is online now
A new question is answered every 9 seconds

My ex-husband has been driving around in a vehicle that has

Customer Question

Hello,
My ex-husband has been driving around in a vehicle that has not both our names on it, for over two years not paying the note and getting tickets.
I was informed by the bank they have tried several times to pick it up for repossession but no luck. They then advised me that I can get it and bring it to the bank. After several months of waiting, I finally got the vehicle!! TODAY!!
I took it to the bank. They gave me the paper showing it was turned over to them and someone was coming to pick it up.
As the vehicle sat on the banks lot, my ex went and took the car back!!
Please tell me what can I do. I'm so angry, lost, and confused. I thought this nightmare was over but he now has the car and I don't know if I'll ever find it again.
Do I have a criminal case or any way I can get the police to make him return the car to the bank??
Please HELP!Lynn W. (Accokeek, MD)
Submitted: 1 year ago.
Category: Legal
Expert:  Kim Courtney replied 1 year ago.

Hi Lynn. My name is ***** ***** I am a licensed attorney.

This is a tricky one because his name is ***** ***** the vehicle, so he has the right to possess it. You also have the right to possess it though, so it was totally legal for you to take it to the bank.

I think your only option is to try to get the car back again. There isn't really any criminal complaint you can file because it is legal for him to have the car. It also isn't a crime for him not to pay the loan.

Next time you get it maybe bring it somewhere that he will not likely look while you wait for the bank to pick it up. They should be able to go get it anywhere, so just place it in a spot that he wouldn't search, and then call the bank from there.

Please let me know if this is not clear or if you have any questions about this.

Thanks

Kim

Customer: replied 1 year ago.
Even if the bank signed off that I turned it over to them, he can go and take it?
Expert:  Kim Courtney replied 1 year ago.

Well, no, he can't go and take it according to the bank. But that's just a civil claim between him and the bank. That's not a criminal claim that you have against him.

Customer: replied 1 year ago.
I want to know if the bank or police can make him return it since it was signed over to the bank?
Expert:  Kim Courtney replied 1 year ago.

I just answered that question. The bank is free to call the police and claim that he stole the car, but unfortunately the police are not likely to do anything because it is a civil matter between the bank and him. His name is ***** ***** title to the car, and he can just claim that he wasn't aware that you signed something, so he wouldn't be in criminal trouble.

You are correct that it's not legal for him to keep the car if it has been repossessed, but you are asking me if the bank or you can have the police go and get the car, and I don't think so legally, because it is a civil matter.

Customer: replied 1 year ago.
Thank you.
Expert:  Kim Courtney replied 1 year ago.

You are welcome, happy to help.

If you are all set please be sure to rank my answers in the top three positive ratings, which will allow me to get credit for my work with you today.

Thanks and take care

Kim