Retrieval of Property

[flusteredinca]

What is the name of your state? California

I allowed my ex-fiance to use a vehicle that is in my name. The car is currently in his possession. Because he has fallen two months behind in the payment, the loan company is threatening to repossess the vehicle. I have asked for the vehicle back and he is refusing. Also, he has recently married and I do not have his new address and his family is not telling me where he lives. What steps do I need to take in order to pick up the vehicle? Please help!

 

[seniorjudge]

Do you have a key to the vehicle?

All this may be moot: the repo guys probably already have it and then you will be stuck with a big deficiency judgment.

BUT...go find that car tonight and drive it home.

 

[JETX]

Also, he has recently married and I do not have his new address and his family is not telling me where he lives. What steps do I need to take in order to pick up the vehicle?

First, you have to FIND the vehicle. Do you know where he works?? Do you know where he 'hangs out'??? Is there any other way you can find out where he lives or works??
If you don't have a key to the vehicle, take the title with your name on it to a local car dealer (for that model). They should be able to make you a duplicate key, or you may have to get a locksmith.
Then, once you have the location, go get YOUR car.

Or you can hire a repo firm to go get it for you.

Once you have YOUR car back, you will need to make arrangements to return ALL personal belongings to him.... then have the vehicle rekey-ed or sell it.

 

[flusteredinca]

Repo Firms

Do you know what the average price of a repo firm is?

 

[JETX]

Do you know what the average price of a repo firm is?

Nope. Check your local yellow pages.... for repo or 'recovery' firms.

 

[nanaII]

Car

If the car is in her name, and he does not have her permission to drive it, can't she report it as stolen? Do you know when the plates are up for renewal? If he tries to renew the plates and they are in your name, there might be grounds for a criminal charge?

 

[JETX]

If the car is in her name, and he does not have her permission to drive it, can't she report it as stolen?

No. The issue here is that she in fact gave him permission... and would now have to take certain steps to 'undo' that permission before a VALID report of theft would apply.

 

[PissedOff@DTV]

No. The issue here is that she in fact gave him permission... and would now have to take certain steps to 'undo' that permission before a VALID report of theft would apply.

Step 1: give me my car back!
Step 2: File a police report stating he will not return the car.
Step 3: make arangements with the loan company so they do not repossess
it. It is ultimately your responsability to pay for it if it is in your
name.
Step 4: File suit for reinbursment for the entire time he has it and has not
payed for it. Include insurance costs, any repairs that may have to
be done due to his posible neglect, and filing fees.

I think these steps might be these 'certain steps' you are refering to.
Once you tell someone to give something back, you are revoking permission in which you first gave the person. If the person refuses to return your property in which they borrowed, then it is considered to be a stolen item. It would not be considered larceny (in which he would have had to outright take it without permission) but it would be considered wrongful appropriation. Still considered to be a crime.