Legal Question in Civil Litigation in Michigan

Car was taken

My daughter's vehicle was taken from her ex-boyfriends mother. My daughter's name is on title but this other women is listed as the lien holder. Daughter is a head in payments and there was no reason (other then the two kids split up) for her to take the truck. Isn't this stealing? How can she get her truck back?


Asked on 11/03/08, 9:51 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Car was taken

Yes, it is stealing, as a lienholder can only seek to obtain possession of the property, in this case a car, with a court order awarding possession of the vehicle to the lienholder for failure to make the payments - exactly the same process a financing company, such as Ford Motor Credit, would have to go through. A lienholder cannot take the car back unless you have defaulted on the agreement, such as being behind in payments, not providing proof of insurance, etc. You should have had something in writing with this woman, but even if you didn't, since you are current on your payments, she has no right to possess the vehicle.

Go to the police with evidence of ownership and tell them she told your truck and that you want it back. If the other woman claims you haven't paid the money, she will have to prove that and go through the proper court procedure to get an order to repossess the vehicle. The police should force her to give you back the truck on the spot.

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Answered on 11/08/08, 10:56 pm


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