Stolen Vehicle (this is a long one)

[fenderi]

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

hello,

i thank you in advance for taking time for my issue. i am going through a divorce right now and to make things complicated there is a vehicle involved. while i was married to this person i had taken out a loan (personal loan of $2500) from navy federal credit union. for her to purchase a vehicle. i was on a detachment with my squadron during the purchase of this vehicle so the title was not issued in my name. shortly after i had learned that she was being unfaithful and i started the process of divorce. in the separation agreement it clearly states that she is to sign the title over to me immediately and it will be signed over to her once the loan is paid in full. it also states she is to make the payments on the loan on the 25th of every month and if she misses two payments i am allowed to reclaim the vehicle as it is my own property. this agreement was signed in march 2008. she has missed more than two payments on this loan so in august of 2008 i reposess the vehicle, knowing she would try to retake posession of the car, i hide the car on base until i can change the locks on the ignition and the door. once i changed the locks, i parked the car in the parking lot of my apartment complex. i go out to sea on 16sep08 and i get an email later that day from my roomate saying the car is missing. she knew the day we were pulling out and apparantly she had a locksmith make her keys for this car i'm guessing by showing them an old insurance card. mind you the title is still in her name. we pull in on 10oct and i go to the police office to file a report. the detective said that that car is legally mine however he cannot file a stolen vehicle because the title is not in my name. so i file a suit against her, the court date is nov. 24th. i recieved a tip from one of her friends that she took the car to a junk yard and recieved money for it. i called around junkyards and locksmiths and the car or the work performed is nowhere to be found. therefore i have no proof she stole the car. she knew the day we were pulling out so she waited for that, she has a prior record (credit card theft, identity theft) so she's a convicted felon, and the fact that she still has the title. judge judy and judge joe brown have both sent me express letters from DHL wanting to take my case but i don't know. any ideas/thoughts on this situation? again, help is much appreciated. thanks!!

 

[LetsGetWithItt]

First thing, I would recommend is to run the VIN through car fax and see if it reveals who purchased the vehicle. If it does contact this person and get an affidavit from them as to who sold them the vehicle.

If there is not record of the transaction, I would still go to court because 1) by missing two payments she breached and you are therefore entitled to the car and 2) she is likely to indicate that she took the vehicle believing that it was hers, ie meaning she might say yes I took it not realizing that once she breached the car was yours.

However, should a carfax report reveal a purchaser and you get an affidavit from them the fact that she is a convicted felon for fraud would mean she is toast. I would seek an order from Judy or Joe, (in addition to the judgment) allowing you to report the vehicle stolen after the fact. They may not do it but if they do I would then contact the auto crimes department with said order and let them issue a warrant for her arrest.