Legal Question in Family Law in California

will not return vehicle and is making threats

My friend and her then boyfriend had

a verbal arrangement. He would pay

the car note, and she would put the

car in her name, as well as pay the

insurance. Since then they have

broken up and he refuses to give her

the car unless she pay 1000.00. He

then states that if she calls the

police, or if she try's to take the car,

he will wreck it. She has him on her

voicemail saying this as well as text

messages. He has also threatened

her with bodily harm (this too is

recorded). I have suggested that she

request an emergency restraining

order, and request that the police be

present when she goes to try and

retrieve her car. But when she called

the police they said that they would

not assist in retrieving the vehicle.

They also stated that since he has a

key to her apartment then that is his

legal residence. He only has a fish

tank and a television there and he

does not receive any mail or phone

calls at her address nor is he on the

lease. The police told her that this

does not matter, even tho he has his

own residence. I don't what direction

to advice point her in. All she wants

is her car back, and a restraining

order. They do have a baby together.


Asked on 4/03/09, 6:44 am

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: will not return vehicle and is making threats

The police officer is incorrect so ignore that.

First, change the locks to the apartment. He's not on the lease, he's not living there, they are not married, there is nothing ex-boyfriend can do about it. Second, file for a restraining and include in the restraining order request a request for return of the vehicle.

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Answered on 4/03/09, 1:49 pm


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