live in california, I have already filed a limited civil lawsuit against my ex who refuses to return my vehicle, but my court date isnt until october 2010...the car is now in repo as i had to start paying on another car, and could no longer pay for it ,the police said i cannot report it stolen because i allowed him to drive it..this is absurd!...he refuses to return the car to me or the repo company..can i file a replevin prior to my civil court date, and how do i do that..i have already paid almost $400 to file a civil suit but cannot wait until october
1 Answer from Attorneys
Who is on the title? I am assuming only your name is on the title. If his name is on the title, you would not be able to report that a title holder stole his own car.
If you send ex a letter revoking your permission for him to drive it, you should be able to report the car stolen. Send it certified with return receipt requested, and keep a copy of the letter and receipt. Bring copies of all proof that you revoked permission to drive car when you file stolen vehicle report. You might want to talk to newspaper reporter to do a story.
Rental car companies give customers permission to drive a car and when the customer does not return the car, they report it stolen.
Your bigger problem now, however, is that the payments are in default and the car may be repossessed. Unless you can work out an agreement with car loan company, you will lose the car and they will sue you for a deficiency when they sell it for less than is owed on the loan.
You may have some relief from your divorce decree. What did it say about ex's responsibility to pay on car?
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