Legal Question in Civil Litigation in California
I want my bmw back
Hello, i have a problem dealing with my father,( actually many).i bought a new bmw about 3 years ago, i put 13,000 down and was paying the payment for about a year and a half.then one day , my father and i got into , he is also my boss so i got fired from his company, after a couple months icouldn't pay my car payment because, he got me denied un-employment,so i almost lost my car but, my dad paid it off for me and told me to just pay him payments whenever i get on my feet & can afford to.well, a month later he got mad over something that wasn't even related 2 the car... and he took my car from me and it has been sitting at his house for almost 1 1/2 now, collecting dust and getting weathered.we never signed or discussed anything about giving he ownership or a bill of sale.after my mom died a couple months ago, he's been real controlling and bitter he already withheld her life insurance and all her belonging from me, now im scared he might sale my car.. can i go over there and just take it back??im thankful that he helped me,and hope someday i can do the same for my kids....but, thats my car, i got approved, i signed the papers, and i bought the car, not him....please help me ...
3 Answers from Attorneys
Re: I want my bmw back
Attorney Roth is correct. If you are the purchaser of the car, it is yours to take and he has to legal right to hold on to the vehicle. It does not sound like he bought out the paperwork or received an assignment from you so I do not believe that is an issue (feel free to correct me if I am wrong.)
If you were named as a beneficiary in your mother's policy, he can not legally withhold that from you either.
I noted, however, that you were fired AND refused unemployment. Perhaps that is an area you should explore further. You can learn a little more about this area of law on my site at www.RulesofEmployment.com.
If you would like assistance with this, I can be contacted at 626-578-0708 extension 4.
Re: I want my bmw back
Sorry to hear about your mom's demise. For a change, I would like not to give legal advice and perhaps take this opportunity and counsel you. You may delete this, as I am sure you are looking for "legal" advice rather than counseling.
NEVERTHELESS, I think you and your father need to COMMUNICATE. I recognize that this in some cases may be easier said than done. But, think about it, your mom passed away which I am certain caused your father to be depressed, angry, sad, scared - yes scared. You don't need a legal advice, believe me. You need to get back to your father and be a strong family. I am sure he will give your car back to you and your job as well. I think all he wants, is to have you back in his life not some material possessions, which you say he doesn't even use.
Be smart, you don't need a lawyer in this case that might cause serious and irreparable damage to your relationship by suing your father. You need to make your family and your bond stronger with your father by patching things up between both of you. Go, take the first step, call him up and ask how is he doing... The rest will fix itself.
Sorry if I bored you with this, but I couldn't help myself.
Good luck.
Re: I want my bmw back
If the car belongs to you you can take it. If he bought the note on the car, and took an assignment of the note and security agreement, he enjoys the rights under the security agreement. Under that agreement he may have the right to repossess the car. But repossession requires notice, etc. If he repossesses the car he has to sell it at auction after notice and after recoving the amounts owed on the note return any excess to you. His keeping the car for year and a half obviously would be a violation of his rights.
After your mom died, if she left you as beneficiary of life insurance, you are entitled to get it. If not,its not yours.
No one can give you adequate advice without a lot more facts. You should hire an attorney. Unfortunately, nothing is free.