Vehicle Recovery

[kbowen2008]

What is the name of your state?

I live in South Carolina.

In February of this year my brother was murdered. He was a known drug dealer in our town. Now my brothers defense attorney is holding a Jeep Grand Cherokee that is titled and registered to me. The attorney says that my brother gave it to him back in January as payment for legal services. The only reason my brother had the vehicle, was he was supposed to be selling it for me.

I have filed a Claim & Delivery in the magistrates court, which the local police told me how to do. In the attorney's answer and counterclaim he is trying to have the case thrown out of court claiming that the vehicle's value in in excess of this courts jurisdiction. (It is a 1997 Jeep Grand Laredo with 171,000 miles on it.) In my answer to his counterclaim, I specifically described the mechanical and cosmetic problems with the vehicle which included a cracked windshield. On May 25, I took a picture of the vehicle which was parked at his place of business and the windshield was still busted.. On June 20 I took another picture of the vehicle to show that the windshield had been replaced. Apparenly his is trying to increase the value of the vehicle.

Is it possible that a judge would give him my car although he took this vehicle as payment for a debt with the vehicle in my name.

 

[Happy Trails]

What is the name of your state?

I live in South Carolina.

In February of this year my brother was murdered. He was a known drug dealer in our town. Now my brothers defense attorney is holding a Jeep Grand Cherokee that is titled and registered to me. The attorney says that my brother gave it to him back in January as payment for legal services. The only reason my brother had the vehicle, was he was supposed to be selling it for me.

I have filed a Claim & Delivery in the magistrates court, which the local police told me how to do. In the attorney's answer and counterclaim he is trying to have the case thrown out of court claiming that the vehicle's value in in excess of this courts jurisdiction. (It is a 1997 Jeep Grand Laredo with 171,000 miles on it.) In my answer to his counterclaim, I specifically described the mechanical and cosmetic problems with the vehicle which included a cracked windshield. On May 25, I took a picture of the vehicle which was parked at his place of business and the windshield was still busted.. On June 20 I took another picture of the vehicle to show that the windshield had been replaced. Apparenly his is trying to increase the value of the vehicle.

Is it possible that a judge would give him my car although he took this vehicle as payment for a debt with the vehicle in my name.

What is he claiming the vehicle is worth?

I can't see why a judge would give him a vehicle that your brother could not legally give to him.

Did you check the following websites to see what value they put on the jeep?


http://www.kbb.com/

http://www.nadaguides.com/home.aspx?l=1&w=28&p=0&f=5000


Also, I'm finding the small claims limit in South Carolina to be $7,500. Surely the jeep isn't worth more than that, is it?

 

[kbowen2008]

Vehicle Recovery reply

According to KBB and NADA the value of this vehicle if it were in excellent condition is only 6950.00 and that is with 84,000 miles not 171,000. The attorney claims that he credited my brothers account for 8000.00.

 

[Happy Trails]

According to KBB and NADA the value of this vehicle if it were in excellent condition is only 6950.00 and that is with 84,000 miles not 171,000. The attorney claims that he credited my brothers account for 8000.00.

That's what I was coming up with, I didn't know all the "bells and whistles" your vehicle has, but it's not worth more than that. Just because he applied $8000 toward your brother's debt doesn't make it worth that.

I still can't see why the lawyer thinks he can take something when you are the titled owner. This is your deceased brother's debt, unless you somehow gave permission for this transaction, he is going to lose.

 

[kbowen2008]

I think that by him replacing the windshield, he is trying to bring the value of the jeep up. I have before and after pictures of the jeep both showing it is parked at his business. Did he break some kind of law by moving the vehicle while it is in litigation?

 

[badapple40]

Wait a minute... if you are the titled owner, I don't see why you can't just pick that jeep up and take it...

 

[kbowen2008]

Can I just pick up the car

Will I be breaking the law if I just take a wrecker and get the jeep?