Legal Question in Civil Litigation in North Carolina

i left a vehicle at my mother-in-laws home in march of this year with her permission. about a month after it was left there my husband and his family had a huge fight and we havent spoke to them until 2 weeks ago. he asked his dad if our car was in their way or if we needed to come get it, and his dad said it was ok and can sit there as long as we needed it to since were not financially able to repair it. well 4 days ago we pass by their house on our way to visit friends and notice our car isnt there, my husband emails his mom (we dont have their new #) and asks where our car is and tells her we would like to move it off their property since its obviously in their way. she has refused to tell him where our car is and hes asked 5 different times, i was told by a friend of hers that she sold it, what can i do legally to make her tell me where my car is?


Asked on 11/30/09, 11:27 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

If you don't know where the car is, your only legal option would be to sue them civilly, which would enable you to send "discovery" to them, requiring them to disclose the whereabouts. There is also a claim for "claim and delivery," which could possibly be used in this situation; but that claim is more difficult here because you (and the sheriff) don't know exactly where the car is.

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Answered on 12/05/09, 2:35 pm


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