Ex-fiance won't release vehicle

[netsrik]

I live in CA and made the mistake of letting my now ex-fiance lease a vehicle solely in my name. We permanently separated in January and I have been making the payments and paying insurance because he will not. He also will not give the vehicle back. Do I have any legal standing, and if so, can I report it stolen even though I gave him the keys?

 

[lawrat]

You get generous you lose. Did you have a verbal agreement? Anything?

If so, go to small claims court.

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[I AM ALWAYS LIABLE]

My response:

LawRat, Small Claims is not the court to be suing in on a vehicle lease and insurance payments.

First, Small Claims court can only go up to $5,000.00 and, I'm sure she's owed more than that between the insurance and the lease payments.

Second, Small Claims court cannot award her the vehicle - - it can only render a money judgment.

Third, once she sues in Small Claims, and assuming she wins the full $5,000.00, that's all she'll ever be able to sue for in any court on this particular contract. If she tries to sue again later for any amounts still owing to her, but in a court of greater jurisdiction, she'll lose due to "Res Judicata".

So, she needs to sue him in Superior court.

IAAL

 

[lawrat]

thanks IAAL. Too tired to thoroughly read it. Oh wise one, I only hope to use this expertise in my daily work.

I won my first technical hearing today - so excited.

 

[I AM ALWAYS LIABLE]

thanks IAAL. Too tired to thoroughly read it. Oh wise one, I only hope to use this expertise in my daily work.

I won my first technical hearing today - so excited.

My response:

You won't use "res judicata" on a daily basis, but you can be darned sure it will appear on your next Bar exam. It's called Murphy's Law.

Congrats on your first win ! Tell me more about it ! What happened ? What was the issue ? How did you attack it ?

IAAL

 

[lawrat]

IAAL, the hearing was on abandonment or in place closure of underground chemical tanks located within private buildings adjacent to public property. The local agency in charge of such permitting was going to deny the engineer/property owner of the permit they were first granted. They came to me and I arranged a meeting with the review board.

Basically, I gave them the good old argument of good faith/bad faith, continuing a fruitful relationship and added: they have the permit already, so technically they can start work without the agency's permissiom.

And the Bar Exam, we'll see. I have decided to take it again, but we'll see at what point. Right now, I am a legislative/public safety/transportation deputy and urban planner. What more can I do?

: - )