Legal Question in Family Law in Alabama
can she just take our car if our payments are paid and not give notice?
My mother in law purchased a car for us. We began to have problems with it and told her on numerous occasions. We began to shop around for a more reliable vehicle. when she found out, she came to our home in sc and took our car. left us with no transportation and we had no money to get any. We were left in a bind. We have reciepts from where we were paying for that and the insurance on the car. Can we sue her for the money we put into the car? we got no prior notice that she was going to do this. she told us on a friday and came that saturday. The car is in her name however. That makes it hard for us I suppose. Can anything be done?
1 Answer from Attorneys
Re: can she just take our car if our payments are paid and not give notice?
When she purchased the car, did she pay it off, or is there a lien on it? If you were making the payments on the car and made the down payment, etc., then you and your husband would be the equitable owners of the car, and she would she would simply be holding title of the car for you in trust. This would probably be true also if she purchased the car for you as a gift. You could file a claim and delivery action which is an action for the recovery of personal property. You would probably need to hire an attorney in the state where she and car are located. Also, she may be liable for conversion, breach of fiduciary duty, etc. Why did you complain to her about the problems with the car? You should have contacted the person from whom she purchased the vehicle.
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