Can we charge ex-husband with a crime? Theft in the first?

[helifixer]

What is the name of your state (only U.S. law)? Alabama

Background:
Divorced in Mar 2013, court awarded a Ford F-150 pickup truck to ex hubby. Ex wife awarded a minivan. Later both parties agree to trade vehicle so ex hubby can used the minivan as a trade-in to get a new truck but title was lost so ex wife files for replacement. Title was still listed both parties as joint owners with an "or". Parties returned to court on Dec 2013 for a custody issue. Ex hubby requested truck back and was denied by judge from the bench because of the bill-of-sale she possessed; however, it was not contained within the last custody order.

Current:
Dec 2014, ex wife applied to have title issued in her name only but unable because ex hubby ordered another title, which voided hers so she filed for another one. New Years Day 2015 ex-hubby sister appeared to ex-wife's boyfriend body shop and claim to be owners and attempted to seize truck with police but denied due to boyfriend produced the bill of sale sign 29 Sep 2013. Ex wife returned to DMV to find out her name is no longer on title.

Though after talking to multiple police, they assured us that no officer would assist in a seizure as long as we had the bill of sale and showed the registration and insurance are issued under ex-wife's current address. But what if ex-hubby has another key and just drives off with it. Yes we know we can charge him then but what for now? Ex-wife currently still has possession.
Parties were scheduled today to be back in court for custody in front of that same judge but ex-hubby attorney was granted another continuance for another 7 weeks. Ex-wife is now in fear that one day after parking truck she will come back out and find it gone.


Can ex-wife charge him with a crime?

 

[Zigner]

This is a civil matter that will need to be handled through the courts.

 

[helifixer]

This is a civil matter that will need to be handled through the courts.

Even if we can get a court transcript of the judge stating that ex-wife is the owner?

 

[LdiJ]

Even if we can get a court transcript of the judge stating that ex-wife is the owner?

You do realize that the locks can be changed on the truck?

 

[Zigner]

Even if we can get a court transcript of the judge stating that ex-wife is the owner?

You mean by going through the courts, right? And who is the "we" that you are speaking of?
In any case, this is a CIVIL matter. Recourse is through the courts (think contempt).

 

[helifixer]

You mean by going through the courts, right? And who is the "we" that you are speaking of?
In any case, this is a CIVIL matter. Recourse is through the courts (think contempt).

Yes I already place a hidden kill switch on the truck for her. I meant can SHE (ex-wife) press and type of charges on him. I am the ex-wife's boyfriend and have been with her for over a year now and have witness on several occasions the stalking and harassing personality of the ex-husband. He already was awarded the house, the business they had (weekend flea market booth), and custody is split in the middle with her having them Sun - Wed and him with Wed- Sun plus one child collect disability which the ex-hubby collect all and does not share. Ex-wife basically got out of the marriage with nothing but that truck. And now he is trying to take that away from her also.

He currently owns and before this issue, a Ford F250, A Nissan Maxima, a Cruiser style motor cycle and 16ft enclosed trailer and all newer than 2005. Plus they, as a couple, took in a 16 yo girl 3 years ago who is now 19 which was the main reason the ex-wife (36 yo) left. Now the ex-hubby (40 yo) and the 19 yo girl is now in a committed relationship and the kids seem to think it is normal. That concerns me the most, the 44 yo boyfriend. So why would a person want a 1998 F150 with 230000 miles on it if it wasn't to continue harass, exerting control and keep kicking a person down?

I have personally witness the abusive nature of the ex-hubby but he know to show just enough to be under the wire. She was finally able to charge him once with communication harassment but it did not stick since it was a first offense.

I have witness the 15 and 12 yo kids being told lies and having to sit down with the 15 yo boy and and having a heart to heart to help him understand some of the things going on. It breaks my heart to hear some of the things he tells me and the things he thinks are normal.

Ok I need to watch myself, going off into a tangent.... The main point I was trying to make is that if this guy is continues to get away with this stuff he will continue to get worst. We would like to let him know he cannot keep doing this, the legal way rather than my old Army Dark Ops methods.

 

[Ohiogal]

Yes I already place a hidden kill switch on the truck for her. I meant can SHE (ex-wife) press and type of charges on him. I am the ex-wife's boyfriend and have been with her for over a year now and have witness on several occasions the stalking and harassing personality of the ex-husband. He already was awarded the house, the business they had (weekend flea market booth), and custody is split in the middle with her having them Sun - Wed and him with Wed- Sun plus one child collect disability which the ex-hubby collect all and does not share. Ex-wife basically got out of the marriage with nothing but that truck. And now he is trying to take that away from her also.

Is the divorce final? Ex hubby doesn't have to share anything unless the court order states he does. Ex wife cannot press ANY charges on him. She might be able to file a complaint with the local prosecutor but this is a civil matter. The wife needs to get out her paperwork and look at who was awarded the van in the FINAL decree of divorce.

He currently owns and before this issue, a Ford F250, A Nissan Maxima, a Cruiser style motor cycle and 16ft enclosed trailer and all newer than 2005. Plus they, as a couple, took in a 16 yo girl 3 years ago who is now 19 which was the main reason the ex-wife (36 yo) left. Now the ex-hubby (40 yo) and the 19 yo girl is now in a committed relationship and the kids seem to think it is normal. That concerns me the most, the 44 yo boyfriend. So why would a person want a 1998 F150 with 230000 miles on it if it wasn't to continue harass, exerting control and keep kicking a person down?

What 44 year old boyfriend? Oh the ex husband who is 40? Yet the wife is in a relationship with you! And if they agreed to trade vehicles was that reduced to a court order?

I have personally witness the abusive nature of the ex-hubby but he know to show just enough to be under the wire. She was finally able to charge him once with communication harassment but it did not stick since it was a first offense.

Or she didn't have enough evidence.

I have witness the 15 and 12 yo kids being told lies and having to sit down with the 15 yo boy and and having a heart to heart to help him understand some of the things going on. It breaks my heart to hear some of the things he tells me and the things he thinks are normal.

HOW DARE YOU! You have no right to interfere with the children who are not yours.

Ok I need to watch myself, going off into a tangent.... The main point I was trying to make is that if this guy is continues to get away with this stuff he will continue to get worst. We would like to let him know he cannot keep doing this, the legal way rather than my old Army Dark Ops methods.

Oh. So you can make threats and be a jerk but the ex husband can't be? Got it. I am not impressed.

 

[OHRoadwarrior]

Yet she decided at one point he was her true love and married him. She made her bed, don't get too involved in them messing it up. It was nice of you to install the kill switch though. Resist the urge to be her hero. It usually comes with a criminal record.

Here we have old worn out truck in the left hand. Potential criminal record destroying your entire life in the right. Which is more valuable?

 

[latigo]

. . . . You are asking us "why would a person want a 1998 F150 with 230000 miles on it" ? . . .

Perhaps you should ask your girlfriend who agreed to swap her minivan for it and with your questionable help is beating the issue of its ownership to death?!

Simply put, why are the two of you making such a stink over a 1998 F150 with 230000 miles on it?

HOWEVER, rather than listening to any more of this riveting, second-hand, "soap dish" opera I would like to hear the family court judge's explanation as to why he thinks his court has continuing jurisdiction to litigate the dispute. A property dispute that involves events occurring externally and subsequent to the issuance of the divorce decree.

Admittedly all courts have the inherent power to enforce their own orders. But only as to those orders the court had the jurisdictional authority to issue. And although it appears that the court did so, short of an independent civil lawsuit with the issues properly placed before it, it had no authority to order the ex-husband to do anything with respect to the subsequent agreement of the parties in reversing the awarding of the vehicles. And I suspect the ex- husband has been so informed by his lawyer.

 

[LdiJ]

Perhaps you should ask your girlfriend who agreed to swap her minivan for it and with your questionable help is beating the issue of its ownership to death?!

Simply put, why are the two of you making such a stink over a 1998 F150 with 230000 miles on it?

HOWEVER, rather than listening to any more of this riveting, second-hand, "soap dish" opera I would like to hear the family court judge's explanation as to why he thinks his court has continuing jurisdiction to litigate the dispute. A property dispute that involves events occurring externally and subsequent to the issuance of the divorce decree.

Admittedly all courts have the inherent power to enforce their own orders. But only as to those orders the court had the jurisdictional authority to issue. And although it appears that the court did so, short of an independent civil lawsuit with the issues properly placed before it, it had no authority to order the ex-husband to do anything with respect to the subsequent agreement of the parties in reversing the awarding of the vehicles. And I suspect the ex- husband has been so informed by his lawyer.

Except...that when they swapped the vehicles they issued each other bills of sale, which is the entire reason why the judge would not give him back the truck. Those bills of sales came AFTER the original property agreement.

 

[Zigner]

Except...that when they swapped the vehicles they issued each other bills of sale, which is the entire reason why the judge would not give him back the truck. Those bills of sales came AFTER the original property agreement.

That's actually exactly what latigo said

 

[LdiJ]

That's actually exactly what latigo said

That isn't how I interpreted it...even after re-reading, but ok.

 

[helifixer]

That isn't how I interpreted it...even after re-reading, but ok.

Basically I understood it as "I am a dummy for asking for some advice".
I admit I did not articulate my writing very well, especially after reviewing them again. I apologized for that. I rushed it due to the fact that we received an email from the girlfriend's (ex-wife) attorney stating that the court reported told us we could come in get a copy of the transcripts of the specific day the judge told the ex-hubby to leave the truck alone.

You mean by going through the courts, right? And who is the "we" that you are speaking of?
In any case, this is a CIVIL matter. Recourse is through the courts (think contempt).

Yes we requested to get certified copies from the court reporter so we can bring it to DA and see what can be done. Just paid for them today and should receive by Friday according to the reporter. I am sure that if we can ever get back in front of that same judge, he would be held in contempt. But with his attorney filing another continuance, I am sure he will continue her harass her as much as he can. Her main fear, along with mine, is that it will continue and escalate like many of the obsessive crimes being committed these days. This guy has a contemptuous nature so contempt in court, in my opinion, is not really a threat to him.

Though, I do understand that this is would normally be a civil matter which I am glad it is because that kept the police officer from seizing the truck that night and leaving her without any mode of transportation. It just happened that she was using my car to drop a friend off 40 mins away when the ex-hubby's sister and father showed up. That is how I ended up having to deal with the situation that night. I figured I may get some insight here to see if there are any other recourse to (lack of better term) try and nip this in the butt.

I was hoping since she thought this was settle in the courtroom and the fact he continued to refile for a lost title on more than just one occasion (total of 4 lost titles filed) until he finally sold it to his sister. I would think that there would be a criminal aspect in there.

Maybe like theft by deception or theft by conversion?
She does have an overworked, underpaid and inexperience legal aid (free lawyer) that believes that there is a case law out there that separate title and vehicle into separate entities? But of course it would take time for him to find it and see if would be of any help.

 

[OHRoadwarrior]

You are not a dummy for wanting to help. You are simply a victim of the male hero complex. If and when this relationship dissolves, as it likely will, you can look back with fondness how you used to care for her so much you would have broken the law for her love. Then reality will set in and you will realize all it was over was a truck worth maybe $1500 and you could have ruined your entire employment ability trying to be that hero for $1500.

 

[LdiJ]

Basically I understood it as "I am a dummy for asking for some advice".
I admit I did not articulate my writing very well, especially after reviewing them again. I apologized for that. I rushed it due to the fact that we received an email from the girlfriend's (ex-wife) attorney stating that the court reported told us we could come in get a copy of the transcripts of the specific day the judge told the ex-hubby to leave the truck alone.



Yes we requested to get certified copies from the court reporter so we can bring it to DA and see what can be done. Just paid for them today and should receive by Friday according to the reporter. I am sure that if we can ever get back in front of that same judge, he would be held in contempt. But with his attorney filing another continuance, I am sure he will continue her harass her as much as he can. Her main fear, along with mine, is that it will continue and escalate like many of the obsessive crimes being committed these days. This guy has a contemptuous nature so contempt in court, in my opinion, is not really a threat to him.

Though, I do understand that this is would normally be a civil matter which I am glad it is because that kept the police officer from seizing the truck that night and leaving her without any mode of transportation. It just happened that she was using my car to drop a friend off 40 mins away when the ex-hubby's sister and father showed up. That is how I ended up having to deal with the situation that night. I figured I may get some insight here to see if there are any other recourse to (lack of better term) try and nip this in the butt.

I was hoping since she thought this was settle in the courtroom and the fact he continued to refile for a lost title on more than just one occasion (total of 4 lost titles filed) until he finally sold it to his sister. I would think that there would be a criminal aspect in there.

Maybe like theft by deception or theft by conversion?
She does have an overworked, underpaid and inexperience legal aid (free lawyer) that believes that there is a case law out there that separate title and vehicle into separate entities? But of course it would take time for him to find it and see if would be of any help.

In my opinion, where your girlfriend messed up was in ever agreeing to swap vehicles so that he could trade in the minivan. I don't understand why there was any rationale for doing so. However, the fact that she was smart enough to make sure that bills of sale were written up mitigates that to a very great extent.

He is obviously a total jerk, but the fact that he has not been successful in taking possession of the truck means that a crime has not yet been committed...only attempted.

She really needs to get new transportation so that the truck is no longer an issue. What is the actual bluebook on the truck?