Going to court... wise?

[seang]

Im taking my pBPDexgf to court for a car she has basically taken.  Is this going to bring out the very worst?

[scraps66]

In the grand scheme of things this one may be considered trivial and petty.  So it could go either way, be taken care of swiftly, or the judge or whoever may tell you two to settle it yourselves - the reason it's not settled yet.  My ex committed bank fraud by stealing $2k out of my bank account and amongst everything else, this wasn't even made a line item in any of our proceedings.

Is there anything else going on in this case and how much is the car worth?  Do you have documentation showing proper ownership?

Just don't get so high presuming that court settles all.  in many, many cases court makes things worse.

[seang]

Scrap, hi

Thanks for the input.  I think my post may not be presenting the whole picture.  The post was moved from another thread by Mods to here, although I do not have any other court proceedings ongoing.  this is purely to get the car back.  So forgive e if the post is slightly misleading.

The car is worth around 2k, i loaned her the money 6 months into our r/s.  I have receipts and witness statements to the fact it was a loan.  I have tried amicably to sort this, but as we all know, BPD's when they leave and split you black are not exactly easy to deal with.

i understand how this post being moved here can be perceived as trivial in comparison.   

[ForeverDad]

So the car is titled and registered in her name, your name or jointly?  Much of the legal process is dependent on that.

For example, you can't "get the car back" if  if your name is not on the title.  If it is titled and registered in her name only then it would be a loan issue and maybe something for small claims court.  Then if she obstructed some sort of settlement then it would be up to small claims court, I believe.  If the court agreed that it was your money loaned to obtain the car then the court would order her top pay it of forfeit the vehicle.  However, be forewarned that courts may make orders but then getting them enforced could be yet another hurdle.

How to handle it?  Well, that's a more difficult question.  Is the money invested in your loan worth seeking legal resolution, filing fees, time away from work while in court, and most of all, continuing the conflict and contact?  Sadly, what is fair and not fair often gets lost somewhere along the way when turning to courts.

[seang]

Foreverdad, thanks for your input.

I believe you are in the US.  Im guessing title is slightly diff here.  Yep, shes on the V5 logbook, but all that means is shes the registered keeper, not the owner.  I had to do that as over here, you have to be registered in order to insure.  I have receipts and bank statements from the owner showing I paid the money, also first hand witnesses to conversations around the loan element.  I know its not cut and dry, but i have tried to get this car back, or the money, and been more than acceptable.  She has been beyond nasty and totally resentful, and has clearly stated i aint getting the car or the money.  Im getting nowhere.  Yep, i want it all over and done, and her out of my life and head for good.  Yep, i know until that ,there will be some contact.  But to be honest, Im rapidly moving towards really disliking this person, and the contact wont bother me.  I hope.   

I am not cash rich, i have other things i need to sort.  I nearly lost my home because of this woman, i never was unreasonable to her even when she pulled the trigger out of nowhere and cut me off like a piece of ___.  So i guess this last push is worth it. 

[livednlearned]

Make sure when you go to court you have clear steps and consequences for non-compliance involved.

She could do any number of things out of spite, including totaling the car or wrecking it to reduce resale value.

For example, make sure you propose the solution: Deliver a check to seang for $2K on day/date/year by close of business or deliver the keys at the same time. Failure to comply and the need to reappear in court over this matter that incurs legal fees will be on exBPDgf. Or, vehicle will be towed by seang on day/date/year or whatever you think it will take to get the car back, and cost of rekeying the vehicle will be x amount, payable by exBPDgf.

Try to find out how people reclaim small debts or cars where you live -- you won't be the first to experience this. And then include that in the language.

Court only rules on things and creates legal orders. Enforcing those orders often falls to us. That's why you want the order to have consequences. Be as detailed as you can, that makes it easier to get people to work with you.

I had to get the title to my car from N/BPDx and it took thousands of dollars and three trips to court   Fortunately (or not?) it was piled on with other things. In the end, I had to try and convince motor vehicles to accept the court order -- they made me get the judge to approve an addendum. At least I didn't have to push that through N/BPDx and all it did was add some extra time, otherwise it would've been 4 trips to court.