Legal Question in Civil Litigation in Michigan

she's got our car, what recourse do we have?

Last fall, we bought a car for my stepdaughter to drive. It's totally in my husband's name and our verbal agreement was that she keep up the payments and insurance, with the understanding that she would have to return the car if she didn't make the payments, etc. She failed to do both and won't return the car. We have gone to a lawyer to get it back because it's in the fenced backyard of her grandmothers house. We have a restraining order against the car, but they took out an aftermarket stereo anyway after we filed the suit. What rights do we have to recoup our legal fees, the payments we made while the car was being held from us and any damages to the vehicle? If it's under the $3000 small claims limit, is that the way to go?


Asked on 7/30/03, 11:23 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: she's got our car, what recourse do we have?

Small claims is the way to go. However, if the car is in the fenced in area but you know it is there, the sheriff should execute the order and pick up the car. We have gone into private property on many occasions to get property back. You just need the appropriate court order. Bill Stern 248-353-9400

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Answered on 7/31/03, 11:05 am


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