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)?