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Countersuit on writ of replevin?

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lefty15

Guest
What is the name of your state?What is the name of your state? Iowa
I lived with someone for 3 years. We had shared checking, savings, etc. accounts. We were NOT married. When I left, it was ugly. I left the house (which is still in both our names) as well as some other items, most importantly a vehicle. It was purchased together, but is titled, licensed, and registered in my name ONLY. I just filed a small claims writ of replevin to get my vehicle back. She is claiming she will countersue for the debt of mine she claims she paid off when we were living together. Again, everything came out of a joint account, my bills, her bills, house payment, etc..... I did have more "debt" than she did, with student loans, etc. However, there was no contract or agreement that I would ever pay her back. I have a two-part question. One, can her countersuit allow her to keep the vehicle? I'm assuming she's going to try to claim that if I sign a quit deed claim, she'll give me the vehicle. I don't think these can be combined, as the vehicle is not "real property". I think there is a term that says property cannot be held as payment of a perceived debt, but I'm not sure what that term is..........my second question is, what chance does she have of making me "pay her back" for that perceived debt? Thanks!
 


JETX

Senior Member
lefty15 said:
I just filed a small claims writ of replevin to get my vehicle back.
Most states do not allow 'property' issues in small claims court. If that is the case in your state, your 'replevin' may not be successful.

One, can her countersuit allow her to keep the vehicle?
There is nothing in your post that would indicate a court would order the transfer of the vehicle from your name to hers.

what chance does she have of making me "pay her back" for that perceived debt?
If she can show the court that there was some kind of repayment agreement, pretty good. However, if she can't produce any evidence of your promise to repay... or that a loan existed, then she likely would not prevail.
 

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