QUESTION

What can I do to take my car back?

Asked on Apr 14th, 2013 on Automobile Accidents - South Carolina
More details to this question:
My ex bf ended our relationship by smashing my car and withholding my property when I moved, saying I owed him money. He smashed my car after a fight four days before Christmas going on a year and a half ago. Clearly over served at the bar, he was angry that I'd parked behind him in a grassy lot. I have text messages from him admitting and laughing about it. I didn't report it because I lived with him with my quadriplegic father, horse, vehicles, etc. I was scared of his retaliation and had nowhere to go, even though I was black from mid thigh to hip bone where he'd shoved me into a sink. I didn't have any documentation, just a roommate saw the bruise. I finally found a place but he wouldn't let me take my truck, saying I would have to pay him what I owed him first, the last months heating bill etc. I was paying him $50 out of every paycheck to work off my debt but kept no records of it. I tried to sell my truck to pay him but no one could pay a lump sum and he insinuated I pay what I owed him then and there, meaning they couldn't take the truck and I couldn't take their money without paying him first. I couldn't do that, and I found out he was trying to sell it for parts to recover what he thinks I owe him. I have text messages from one of the people he offered to sell to. I was still trying to find a buyer and found out he got rid of it, now he claims I owe him half of the $700 he says it cost to have it and another vehicle hauled away. He served me with no liens, refuses to provide his insurance information for my car, the driverโ€™s side door is screwed shut and itโ€™s a safety hazard that terrifies me. I was told by officers in the county I now live in that I have to file in the county it happened in but that 1 year usually nothing happens. I'm still terrified of reporting because he works for the county I now live in, three miles from my home. He goes by all the time when my dad drives his wheelchair to the store. I want my car fixed/replaced. I want his truck for mine. I want him deported from the county as he would lose his job for driving under the influence.
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4 ANSWERS

Ronald A. Steinberg
What he did was to commit a crime of "malicious destruction of property." It may be too late to get the police involved, but I sure as heck would make the report anyhow.
Answered on Apr 25th, 2013 at 3:22 PM

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First, you could file a civil lawsuit against him for assault, battery and theft. You could also make a police report for criminal prosecution, and seek a temporary protective order. Finally, you could report him to ICE, the federal agency which handles deportations.
Answered on Apr 17th, 2013 at 8:55 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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your entire life with this person is one dysfunction after another. I don't think anyone can help you or that you can afford to do all the things you might do. You can take him to small claims (Judge Judy) court for up to $5000 however and that may be your best bet.
Answered on Apr 17th, 2013 at 8:43 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It will be difficult to have criminal charges brought against him since you did not report it at the time. You can sue him in Small claims court for claim and Delivery to get your truck back, and for damages for any destruction to the truck. While you are at it, you might as well add a claim for assault and battery as well. Another option would be to get some help and go get your truck while he is not there. It is not a crime to take our own property.
Answered on Apr 17th, 2013 at 8:13 PM

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