QUESTION
How can I get my car back from my in-laws?
Asked on Dec 11th, 2012 on Litigation - Wisconsin
More details to this question:
My in-laws bought a car for me and now they have taken it back from myself and my husband, the car is in our names and they said it’s because my husband does not have a job. I work full time and he stays home with the kids. I have offer to pay them but they still won’t give it back what can I do if anything?
11 ANSWERS
Ronald A. Steinberg
In whose name is the title? If it is in your name, just take it back. Making a gift and taking it back is so childish on their parts. They are "moral vigilantes." Your husband needs to take charge at this point.
Answered on Dec 28th, 2012 at 12:01 AM
1 Award
It it's in your names, then legally it's your car. I would hate to get the police involved, but if they refuse to give it back, it's stealing.
Answered on Dec 19th, 2012 at 4:57 PM
One way to get the car back would be to get a job.
Answered on Dec 14th, 2012 at 3:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would need more information. Generally, however, if the dead loosing your name is in your car unless they have reserved a security interest.
Answered on Dec 14th, 2012 at 2:21 AM
Michael J. Breczinski
If the car is in your name you can sue them for return of the car.
Answered on Dec 14th, 2012 at 1:25 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
The person who has title is the owner. You can sue in small claims court in what is classed claim and delivery and ask for possession if you need to.
Answered on Dec 14th, 2012 at 1:13 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
If the title is in your name, it's your car. You can just drive it away, as long as you do not commit a breach of the peace. Once a gift is given, it is the property of the recipient. In other words, you own that car and it is not legal for them to have possession of your property without your permission.
Answered on Dec 14th, 2012 at 12:47 AM
Steven D. Dunnings
Hire an attorney to file an action for claim and delivery.
Answered on Dec 14th, 2012 at 12:42 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
If it is your names, just go get it. If you can't get it, file a lawsuit against them for claim and delivery. Be prepared for strained relations if you do this, and for them to cut you off from any future help.
Answered on Dec 14th, 2012 at 12:18 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If the car is in your name, your in-laws have no right to it and it can be considered stolen. You can file a police report and see it the police are willing to refer it to the D.A. for formal charges.
Answered on Dec 14th, 2012 at 12:17 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
If you own the car, and the relatives do not have a security interest in the car, they are not entitled to repossess it from you. If they have taken it from you you can bring an action in Small Claims court to replevy (take back) the car from them. If you have a written agreement with them, read it carefully and see what rights it gives them. Some parts of some such agreements may not be enforceable. You should consult a lawyer for a more detailed evaluation.
Answered on Dec 13th, 2012 at 11:32 PM