Legal Question in Criminal Law in Florida

Can she legally do this?

Ok here's the dilemma. To give you a brief background...I have a friend over in Afghanistan (in Army) and I'm his POA. He's in the middle of a nasty divorce. Before the divorce began, he had his wife keep his truck with her because it was brand new, etc. until he got back. She resides in Wisconsin, he resides in Florida. When the divorce began, they made the agreement that when he went on leave this month, they would meet at the airport in Wisconsin so he could get his truck back. Now she is saying that if he doesn't give her 5 days notice that she will not be there to give him the truck. There is no way he can give her 5 days notice when he'll be back because they army doesn't tell them too much. They don't know if they will be stuck in Kuwait for a day or two on the way back etc. So it is an undue hardship on him, but if he doesn't she is saying essentially she's not giving him the truck. What can be done??? Can charges be pressed against her?? Is there any law that can be shown to her to tell her that she has to be there, etc. By the way, her name is not on the title, registeration etc. It's all his.

I appreciate any and all help!


Asked on 12/10/08, 10:45 am

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Can she legally do this?

If it is his name on the title, she has very little if any right to keep the truck. It is his property, and if she does not turn it over, it may cause her problems.

Therefore, he should make a demand for return of the truck, providing as much notice as feasibly possible. He should also make known that if she refuses, he will engage the assistance of the police.

Perhaps she could just leave the keys somewhere and allow him to pick them up?

Read more
Answered on 12/10/08, 11:06 am


Related Questions & Answers

More Criminal Law questions and answers in Florida