Temp. Restraining Order - Help!

[kjescape]

undefinedWhat is the name of your state?
TEXAS - After making payments for nearly 2 years to my former employer for a BMW, she reports the car stolen, says I borrowed the car and never brought it back. I have contract agreement she drew up, records of payment, and other documentation to prove I have rights to car. Police confronted me at local restaurant, she came to scene, police turned car over to her because car is still registered to her. This has become a nightmare. Police have now seen proper documentation and are filing charges against her for fraud/deception. Even though it is now agreed car was wrongfully turned over to her, I can't seem to be able to get it back without filing suit, costing me a fortune. I want a temporary restraining order to keep her from doing anything with the car until I can sort all this out. Can I get this myself without having to hire an attorney to file it? Are there specified documents I need to file? How do I proceed with this and what is my next step? Is the police department liable for wrongfully turning car over?
Can they "undo" this and give car back to me?

 

[Shay-Pari'e]

undefinedWhat is the name of your state?
TEXAS - After making payments for nearly 2 years to my former employer for a BMW, she reports the car stolen, says I borrowed the car and never brought it back. I have contract agreement she drew up, records of payment, and other documentation to prove I have rights to car. Police confronted me at local restaurant, she came to scene, police turned car over to her because car is still registered to her. This has become a nightmare. Police have now seen proper documentation and are filing charges against her for fraud/deception. Even though it is now agreed car was wrongfully turned over to her, I can't seem to be able to get it back without filing suit, costing me a fortune. I want a temporary restraining order to keep her from doing anything with the car until I can sort all this out. Can I get this myself without having to hire an attorney to file it? Are there specified documents I need to file? How do I proceed with this and what is my next step? Is the police department liable for wrongfully turning car over?
Can they "undo" this and give car back to me?

I doubt you will be granted a restraining order, but the process is for you to go to your local court house civil division and they will provide you with the paperwork. There is a fee for the paperwork.

 

[tijerin]

Yes, you can do it yourself but I wouldn't reccommend it.

If there's a lien on the vehicle (ie. money is still owed to a bank) then chances are if you file suit and prevail, the defendant won't have to give you the vehicle back, but will only have to compensate you for the monetary loss you've incurred (ie. down payment, if any, monthly payments, service to the vehicle, rental car after the vehicle was taken, etc.)

If there's NOT a lien, then the judge would probably order that the defendant decide whether to compensate you or give you the vehicle back.

The judge can't make her give you the car back if there's a lien. Your former boss is the registered owner so I assume she's the one who bought the vehicle and would be the one who would actually be liable for the vehicle and any loan attributed to it.

I doubt you'll ever get the vehicle back. Your best bet would be to try and get any monies you've put into the vehicle returned to you.

It'll also depend on what your contract with your boss says. By the way, most vehicle contracts (loan documents) say you can't "sublet" a vehicle so any verbage in the contract between you and your boss that says YOU make the payment and YOU own the vehicle would probably contradict the loan paperwork.

Get an attorney is my advice. If you prevail, which you should if even the police acknowledge your evidence of right to the vehicle, you can get attorney's fees awarded to you also. See if any attorney will take it on contingency, if you don't have any money, but be prepared to give up 30-50% of the winnings.