Leaseed Car Stolen

[sardarji8585]

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

I was charged with domestic violence and currently have a no contact order. The accuser and I lived together and she has since moved back in with her parents. She has a family member who is a formal prosecutor that is serving as her attorney. The day after the incident a police escort helped her remove her items from my house at which time she took a car that I had leased. Only my name is on the lease and I have made all payments on the car with the exception of a tire rotation. She is on my insurance however I pay for that too. A day later she came back to retrieve more items and in fact took the spare key for the car at that time. My attorney contacted hers and asked for the car back. Her attorney stated she will not tell her client that and if we do it is a violation of no contact order. My options include filing a motion with the judge, filing a stolen vehicle report. Any other advice? Thank you

 

[Zigner]

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

I was charged with domestic violence and currently have a no contact order. The accuser and I lived together and she has since moved back in with her parents. She has a family member who is a formal prosecutor that is serving as her attorney. The day after the incident a police escort helped her remove her items from my house at which time she took a car that I had leased. Only my name is on the lease and I have made all payments on the car with the exception of a tire rotation. She is on my insurance however I pay for that too. A day later she came back to retrieve more items and in fact took the spare key for the car at that time. My attorney contacted hers and asked for the car back. Her attorney stated she will not tell her client that and if we do it is a violation of no contact order. My options include filing a motion with the judge, filing a stolen vehicle report. Any other advice? Thank you

Because she is a permitted driver, this is not a stolen vehicle. I would suggest that you ask your attorney how to proceed. That's what you pay him/her for.

 

[xylene]

How long is left on the lease? A long time, a few months?

Have you considered contacting the car leasing company and asking them to do an early return and repo the car?

 

[Zigner]

How long is left on the lease? A long time, a few months?

Have you considered contacting the car leasing company and asking them to do an early return and repo the car?

I think it's a bit premature to take this route, not to mention the harm it would do to the OP's credit to have a repo reported.

 

[xylene]

I think it's a bit premature to take this route, not to mention the harm it would do to the OP's credit to have a repo reported.

Lawyers aren't free, credit isn't priceless. Just an angle.

I wouldn't wait to at least discuss the situation with leaseholder, because those damaging things could happen like it or not or worse if the car is trashed.

 

[Zigner]

Lawyers aren't free, credit isn't priceless. Just an angle.

I wouldn't wait to at least discuss the situation with leaseholder, because those damaging things could happen like it or not or worse if the car is trashed.

The leaseholder won't care that a driver that was authorized by the OP (in their eyes) trashes the car - they'll still recover from the OP. Now, if the OP could get a stolen vehicle report (oh wait, he can't), then he could make a claim with his insurance (oh wait, she's a named driver on the policy.)

 

[LeeHarveyBlotto]

Because she is a permitted driver, this is not a stolen vehicle.

Accepting this, can it not be changed with a single phone call?

 

[xylene]

Concerning preserving their asset, I'm inclined to believe that any leaseholder will be very interested that the car is not in his possession and is currently whereabouts unknown and now reputedly in the possession of someone who now has a restraining order against him. Yes, I'm quite sure they might be interested in that turn of affairs far before suing the OP became the only redress. The thriving auto recovery business is testament to that.

 

[Zigner]

Accepting this, can it not be changed with a single phone call?

Still doesn't make it a stolen car...(it's the whole closing the barn door after the horse has escaped thing.)

 

[Zigner]

Concerning preserving their asset, I'm inclined to believe that any leaseholder will be very interested that the car is not in his possession and is currently whereabouts unknown and now reputedly in the possession of someone who now has a restraining order against him. Yes, I'm quite sure they might be interested in that turn of affairs far before suing the OP became the only redress. The thriving auto recovery business is testament to that.

The OP hasn't breached his lease at this point. The lessor has no grounds to repo the car.

I really believe that the OP needs to be working closely with his attorney about this matter. This is something that is going to be solved through the civil court, not the repo man.

ETA: Are you saying that a lessee can't ever loan his car to anybody. He can't let his GF drive it to the grocery store? He can't let his wife use it to drive the kids to school?

 

[LeeHarveyBlotto]

Still doesn't make it a stolen car...(it's the whole closing the barn door after the horse has escaped thing.)

Actually. it does when the OP's attorney notifies the person in possession that she is no longer an authorized driver and demands the vehicle be returned to the owner.

 

[Zigner]

Actually. it does when the OP's attorney notifies the person in possession that she is no longer an authorized driver and demands the vehicle be returned to the owner.

It's not a stolen car.

 

[LeeHarveyBlotto]

It's not a stolen car.

Actually, it is at that point. If you accept that her being a named driver constitutes permission for her to take the car whenever and wherever she chooses (which isn't totally accurate), logic dictates that the owner of the car can rescind that permission at will, and make a legal demand that it be returned.

 

[Zigner]

Actually, it is at that point. If you accept that her being a named driver constitutes permission for her to take the car whenever and wherever she chooses (which isn't totally accurate), logic dictates that the owner of the car can rescind that permission at will, and make a legal demand that it be returned.

Yes, and if it's not, then he sues the other party...the police won't touch it.

At this point, the OP is represented - the OP should be speaking with his attorney. Everything else that we're discussing is purely academic.

 

[sardarji8585]

I am speaking with my attorney but even he is unsure how to proceed. The one thing we don't want is to violate bond order of no contact. There is still a very long time left on the lease. My attorney did notify the judge during the arraignment but we are guessing our next step is to file a motion to return it.