Legal Question in Credit and Debt Law in Iowa

Court Order To Return Property

For over a year I have been renting to own a Viola for my daughter. While visitng her father in another state, my child took her instrument with her.During this visit my childs father and I had a disagreement and his has refused to return the Viola to us. I was unable to maintain the payments and was sued for the balance remaining. I did not appear in court and had a judgement placed against me. Just this afternoon I was notified by the local sherrif that he has a court order for the return of the Viola. PLEASE help me. Can I be arrested? How should I proceed?


Asked on 4/14/06, 4:03 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Court Order To Return Property

Provided you comply with any appropriate court order, you cannot go to jail or be arrested. Simply call the sheriff and tell him you do not have the viola and tell him where the viola is located--name, address, telephone number, whatever you have. Since you did not appear at the trial, you may well be responsible for payment of the value of the viola. You would then need to sue your ex-husband for that amount.

Any parent who would deprive his child of a musical instrument over a dispute with his ex-spouse--I really can't think of anything to say that doesn't include several four letter words. Let's just say my opinion of him is not very high.

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Answered on 4/14/06, 4:43 pm


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