Retrieving car from uncooperative EX's yard

[Louiser]

What is the name of your state? WA

Boyfriend has vehicle in yard of home where he used to live with on/off again girlfriend of 11 yrs. He has title, she won't allow him on property to get it (and traded his nice tires, wheels to her boyfriend for the crappy ones now on it). Today he got a call from the sheriff who said she claims that he recently stole title from her w/bill of sale (not true, I was with him on the day in question) and the sheriff said she may actually have claim to the vehicle since it has been sitting there since the breakup in April 2005. It is in the yard of the trailer they both contracted to purchase which was not yet paid off when he left where she still resides. She has not asked him to move it and at at some point indicated she wanted to buy it. She did not make payments so he retained the title. Around October she allowed her boyfriend to swap wheels so the nice tires and rims on the vehicle now has junk rims and worthless tires. She still has the keys and refuses to release them. They were forgotten in the house when he vacated with only his clothes and tools.
The sheriff seems to think she is more entitled to the vehicle since it has been there for so long even though she permitted storage and since they were together so long. There were many breakups, including one which resulted in a seven YO son who is not his. At any rate, I thoght a police escort to retrieve it would work but again, this sheriff seems to think he needs to "...do the right thing..." and maybe give her the title. He also said that my boyfriend would be charged with trespassing.
So, how does one obtain their own property from anothers property if they are not allowed access? There is no storage due, and no legal claim that I can see. How do we go about getting the vehicle? She will not give permission to get it off the property and if we do it while she is at work, he could be charged with trespassing. I have dealt with this woman a few times and the truth is no obstacle for her. I am concerned and hesitant to involve a lawyer for what seems a very simple matter-he owns it, it has not been an issue until now (she is moving and asked him to go with her as she has periodically throughout the last year and yes, I actually heard these calls) and he just wants to get his truck.
Louise R

 

[BelizeBreeze]

What is the name of your state? WA

Boyfriend has vehicle in yard of home where he used to live with on/off again girlfriend of 11 yrs. He has title, she won't allow him on property to get it (and traded his nice tires, wheels to her boyfriend for the crappy ones now on it). Today he got a call from the sheriff who said she claims that he recently stole title from her w/bill of sale (not true, I was with him on the day in question) and the sheriff said she may actually have claim to the vehicle since it has been sitting there since the breakup in April 2005. It is in the yard of the trailer they both contracted to purchase which was not yet paid off when he left where she still resides. She has not asked him to move it and at at some point indicated she wanted to buy it. She did not make payments so he retained the title. Around October she allowed her boyfriend to swap wheels so the nice tires and rims on the vehicle now has junk rims and worthless tires. She still has the keys and refuses to release them. They were forgotten in the house when he vacated with only his clothes and tools.
The sheriff seems to think she is more entitled to the vehicle since it has been there for so long even though she permitted storage and since they were together so long. There were many breakups, including one which resulted in a seven YO son who is not his. At any rate, I thoght a police escort to retrieve it would work but again, this sheriff seems to think he needs to "...do the right thing..." and maybe give her the title. He also said that my boyfriend would be charged with trespassing.
So, how does one obtain their own property from anothers property if they are not allowed access? There is no storage due, and no legal claim that I can see. How do we go about getting the vehicle? She will not give permission to get it off the property and if we do it while she is at work, he could be charged with trespassing. I have dealt with this woman a few times and the truth is no obstacle for her. I am concerned and hesitant to involve a lawyer for what seems a very simple matter-he owns it, it has not been an issue until now (she is moving and asked him to go with her as she has periodically throughout the last year and yes, I actually heard these calls) and he just wants to get his truck.
Louise R

Tell him two things.

One, file suit against her in small claims court for return of the tires and auto.

Two, next time the sheriff calls ask him where he obtained his law degree.

 

[CdwJava]

It sounds like he needs to go to small claims court to get a court order for the vehicle or the cash for it.

This is a civil matter and the sheriff cannot enforce ownership. However, they can prevent him from accessing her property. So, he needs to see a judge.

- Carl

 

[Louiser]

Retrieving car...Question 2 (3,4...)

Thank you for your response. It has brought up other issues. She promised that if he does not give her the title, she will trash the truck. In order to prove this in court should she do so, we have to prove prior condtion. I believe we can take a few pictures from the street but how to establish the date? A newspaper would work but I couldn't get the truck and the date in focus. What else would be acceptable?
Yesterday she and her latest (with the wheels) confronted my boyfriend in the grocery store. Her friend, James, threatened my friend, Eric, saying "If you take that truck I will come after you and if I find out you are going to get it, I will strip it down and trash it before I let you get your hands on it"and "I don't care if I sit in jail or not." I told Eric to immediately find out how to get a TRO. The form asks for info we don't have such as James' last name, address, etc. How can we obtain this information? I can imagine many potentially violent scenarios where this information wouldn't be known. Would this lack actually prohibit one from getting protection? I do not know of any agency other than the assessors office (home and property ownership) where the public can ask for and get this info.
Suggestions?

 

[BelizeBreeze]

Thank you for your response. It has brought up other issues. She promised that if he does not give her the title, she will trash the truck. In order to prove this in court should she do so, we have to prove prior condtion. I believe we can take a few pictures from the street but how to establish the date?

does he not have pictures of the truck? If not, stand on the sidewalk in front of the vehicle and tell him to snap away. when she comes out he can thumb his nose at her.

A newspaper would work but I couldn't get the truck and the date in focus. What else would be acceptable?

have him take the newspaper with him to trial.

Yesterday she and her latest (with the wheels) confronted my boyfriend in the grocery store. Her friend, James, threatened my friend, Eric, saying "If you take that truck I will come after you and if I find out you are going to get it, I will strip it down and trash it before I let you get your hands on it"and "I don't care if I sit in jail or not."
I told Eric to immediately find out how to get a TRO. The form asks for info we don't have such as James' last name, address, etc. How can we obtain this information?

You don't necessarily need it. you can file a john doe applicaiton and identify him as her boyfriend 'james'

I can imagine many potentially violent scenarios where this information wouldn't be known. Would this lack actually prohibit one from getting protection? I do not know of any agency other than the assessors office (home and property ownership) where the public can ask for and get this info.
Suggestions?

You can do a search for the utilities and see if they are in his name, copy down his license plate number and place it in the form along with his description, or you can ask him.