Legal Question in Credit and Debt Law in Virginia

Reposession

A lady who is like a second mom to me bought a truck from me in 2005 for $500. In 2006 she sold it back to me for $1000. She has put her name on my vehicle title as a lein holder. In 2007 I moved to Va from Sc and she went with me to DMV and transferred the title with same information on it. There is nothing in writing about how much to pay or when. Now, three years after lein was put on title, she has gottten into a bit of a financial hole.She repoed my vehicle out of a store parking lot while I was shopping. I actually have receipts showing I have paid for the vehicle in full, but she will not release the lein, and as I said has taken the vehicle. First, can she legally just takle the vehicle like that without any notice. And second, can she repo a car that has no written agreement on? The police just say take it to court, its civil. The truck is my only menas of transportation and now she will not even tell me where it is, and will not give me the tags. She has also said she has already sold the truck, 9 days after she took it, is that legal? Please help. I do not know what to do. I would go to an attorney but I do not have the finances for that, due to me being on disability. Thank you in advance.


Asked on 6/11/09, 10:14 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Reposession

Police are correct, and I agree a Warrant in Detinue may be best. You might also ask for any money damages resulting from the repo.

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Answered on 6/12/09, 8:04 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reposession

Yes, the cops in this instance appear to have given sound advice, i.e., your best option is probably to go to your local genral district court clerk's office(civil division)and tell the clerk that you want to file what's called a warrant in detinue against this former mom-like person for the return of your personal property(truck)and, in the alternative, if the property cannot be returned to you(for whatever reason), request that a judgment be entered against her for its fair market value.

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Answered on 6/12/09, 1:01 am


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