Legal Question in Family Law in Florida

Vehicle Lein
My wifes ex-husband owes thousands in back child support. He resides out of state, will not pay, and would be arrested if he came to Florida. While married, he and my wife financed a vehicle, in his name only. The vehicle was registered in his name. She has had possesion of the vehicle since their divorce in 1996, and made timely payments to the bank while she had it (we don't think he did when he drove it at the beginning of the loan) until the last payment (in the book) was made. there was nothing in reference to vehicle ownership in their divorce documents. The bank will not release her the title (nor do we know if it was fully paid off) or any other information since the loan was in his name so we don't know what to do. How can we have the vehicle registered or titled in her name? How do we find out if there is still a balance on the loan? Can we ask the State for a new title? Are there any laws pertaining to possesion laws, it's been over 11 years?

Thanks in advance for your time.

Asked on 1/12/08, 7:29 pm

4 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Re: Vehicle Lein

Here's what I would do:

Sue him in Florida regular civil court (not Family Court) for the child support and the car payments and, since we can be pretty sure he won't show up to defend himself, you'll get a judgment against him. Once you have the judgment, you can seize the car and have it retitled in your name. You'll probably need a lawyer to help you with all this, so call me if you'd like my help.

Answered on 1/13/08, 9:38 am

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