Legal Question in Real Estate Law in California

My husband was told by his sister''s boyfriend, that it would be ok to leave his vehicle on the boyfriends property. this would be during the time we were moving and finding a place to stay. this move was across tn, to ca.. my husbands sister lives at the same property with her boyfriend of ten years. we recently recieved a lien against the vehical for $4000. plus $30 a day until the fine is pay for. we have tried to get this car many times but they were not home. i need to add in that we lived at this property for 1 month, renting a trailer from them when we arrived in california. we had to leave thier home suddenly because my husbands sister became violent and we left with our children's safety in mind. she was violent enough that we had to leave things behind such as my husbands car. my sister-in-laws boyfriend said leave the car it would fine. can they legally take this car from us?


Asked on 8/19/11, 8:20 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

No. They are a private party and have no power to seize the car nor impose any fine. They can sue you for their damages but have no case if you can prove he said the car could be left there without charge. Is the car worth getting back? If so, write to them to set up a mutually convenient date and time to pick up the car and point out that they never said they would charge you for leaving it there so you have no obligation to pay anything. They probably will refuse to let you take the car without paying something, so y may have to sue them in Small Claims Court for the value of the car. If you have a key to the car, drive it away when they are not there.

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Answered on 8/24/11, 3:13 am


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