I purchased it on April 1st. The creditor filed on April 3rd. I left the truck in front of my house while I was out of town for a month to deter burglars. While I was gone the sheriff seized my truck of which I have the title, tag, and registration in my name. THey didn't check to see whose truck it was before they seized it. I have a bill of sale which is also registered on my registration. I have to go to court now to contest the seizure on Thursday. What are my chances of getting it back? My ex owed the Ace Hardware 2000 but they owed him 2000 for work he performed there. They beat him to the clerks office and filed before he did due to him being in jail. Please help! I thought about going to a cash for title place before court but a deputy said that would be illegal!!! HOw can getting a loan on my own truck illegal as compared to what they did!!! I suppose all I can do if the backwoods legal system of Bofunk, Alabama decides to award the creditor my truck is to appeal!
2006-07-16 15:43:54 · 5 answers · asked by mrs_c 1 in Politics & Government ➔ Law & Ethics
I bought it for 62.00 which I purchased with a money order...I can show bank records. However, he owed me 2009.00 for back child support that I paid for him our of my account in June of last year (2005) that he never paid me back. I have the Western Union receipt to prove it.
2006-07-16 15:52:52 · update #1
The decree says that my ex would assume all debts to this particular creditor. Also it says that I was given possession and use of the pickup and I agreed that I would not sell it, encumber it, or transfer title to it. However, it did not say that he couldn't sell it to me.
2006-07-16 15:56:37 · update #2
The fact is...I bought the truck 3 days before the creditor even filed a lawsuit. Then the next month after winning the suit, the creditor had a seizure or whatever it is called put on it. This was done AFTER the sale to me on April 1st. If I sold a lawn mower before someone filed a suit and won....I wouldn't be liable to get it back for the creditor....would I?
2006-07-16 16:00:50 · update #3
Also...there was no lien on the truck when I got the title.
2006-07-16 16:01:56 · update #4
You might win on this one. They had to file a lien with DMV prior to your purchase since they didn't make a car loan for truck but are seeking it for other damages. A lien gives public notice that the seller does not have clear title. No lien before purchase, can't lien it after sale. Go to court hope for best.
2006-07-16 21:59:56 · answer #1 · answered by frankie59 4 · 0⤊ 0⤋
it does not matter who owns the car. If the creditor has lean (ownership) on the truck then it was never suppose to be sold without the permission of creditor. even if you pay for the truck in full to your ex te creditor still has the right to take that truck.. go get the money back from your ex or you might have to sue her.
2006-07-16 15:53:11 · answer #2 · answered by Jeff L 4 · 0⤊ 0⤋
The difficulty is that as someone close to your ex, the law is probably inclined to view the transmission of the truck to you as a fraudulent conveyance - IE, that you and he conspired to fake-sell you the truck to avoid creditors. Your chances probably aren't really super good unless you can prove that you paid your ex a big chunk of money and that you haven't gotten any of it back from him.
I am not a lawyer, though - you really need one for this situation.
Best wishes and God bless.
2006-07-16 15:47:58 · answer #3 · answered by bobhayes 4 · 0⤊ 0⤋
Is the title clean? *No outstanding debt against it says on the top of the title*
If the title is clean you will get your truck back.
If the title is not clean you will not get the creditors truck back and your purchase was illigidiment. *However you can sue your X*
2006-07-16 15:48:40 · answer #4 · answered by profit0004 5 · 0⤊ 0⤋
Never trust an X
Move to California
2006-07-16 15:49:13 · answer #5 · answered by clcalifornia 7 · 0⤊ 0⤋