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  1. #1
    danasue3262 is offline Junior Member
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    Exclamation How do I get my property back from someone who refuses to return it??

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

    I let an ex-boyfriend use my 4-wheeler for his work while we were still together. During that time he helped make SOME of the payments. We broke up well over a year ago & he refuses to return the 4-wheeler or pay for it. He also refuses to tell me where he is working exactly because he knows I want it back. Anyway, the bill of sale on the 4-wheeler is my name, the loan is in my name, I am making the payments & I am paying for the insurance. I have asked the police to help me or simply escort me (because he's a crazy person) to retrieve the 4-wheeler when I've managed to find out his momentary location & the police refuse, saying its a civil or domestic matter. One officer told me my only option is to stop making payments & let the finance company repo it. Since the finance company probably wouldn't bother to track him down, this would accomplish NOTHING more than ruining my credit! Another police officer told me I needed to hire an attorney & take him to civil court. Why is this not theft? It's my property! Is there not anything I can do to "repo" the 4-wheeler?? I've had friends tell me to just show up to take it & when the police are called due to the disturbance, show them proof it's mine & they'll make him hand it over. However, given the attitude & answers I've received when calling to inquire of 2 different police departments in 2 different states, I'm half afraid I would be the one getting arrested if I tried. How messed up is that? I've also been advised to simply file a police report that its been stolen. But would I have to lie about when, where, or how it was stolen in order for the police NOT to label it a "civil matter" & throw it out? If I do that, can't I get in trouble for filing a false report or something? Or is it a matter where if I go file some sort of formal complaint of theft that they will have to take it seriously & issue a warrant or something? I'm very confused.

    He will not willingly return the 4-wheeler (probably even with a court order), he's threatened to destroy it before he will let me have it back, & a judgment means nothing to him. He owns no property. Is it possible to get a court order or something so that I can hire a repo-man to recover the 4-wheeler & basically force or ensure that the police will back it up if necessary?? Or am I left with absolutely no recourse whatsoever other than small claims court...which will get me nowhere. The guy is psycho & will ignore a judgment & purposely do things to ensure that he never has to pay it; he would physically attack me & anyone I had help me if I personally tried to go get the 4-wheeler without a police escort (who as I stated have refused to help even with documented proof that it's mine); and if ordered by a small claims or civil court to return the 4-wheeler willingly, he would probably return it in pieces, if at all. I don't know what else to do and this hardly seems fair (or just) that a person can simply keep someone else's property with no accountability whatsoever.

    I'm sorry if I rambled. PLEASE HELP!!What is the name of your state (only U.S. law)?
  2. #2
    Stevef is offline Senior Member
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    Quote Originally Posted by danasue3262 View Post
    Why is this not theft?
    It's not theft because you let him use it. He refused to return it.

    You can sue him for the value of the item, or you can file a writ of replevin for its return.
  3. #3
    Banned_Princess is offline Senior Member
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    What are the consequences of rightly suing the ex boyfriend for the value of the bike?

    I believe that that is in fact the right way to go about the return of the [vehicle] or the money she still is paying for it.

    If the police will not assist, because it is a civil matter, her only option is, to pursue it in civil court.

    The EX BF might claim it was a gift, but she will have to overcome that claim in some way. Its a chance (the only chance) she has to take.

    It definately was not theft, because she did give it to him to use. That is the bottom line really.
    Last edited by m martin; 12-29-2009 at 02:42 PM.

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