Legal Question in Civil Litigation in Virginia
does she have a detinue case?
I bought a car paying 100% of it with my money, when I titled it I put it in both me and my girlfriend's name. After breaking up, she signed the title over to me(signed the the sale price was $0) and cancelled the insurance and plates.(2/01) I then parked the car and didn't retitle the car or turn the plates in due to I could not afford to do it at the time. 11/30/01 I put insurance on the car, but was unable to get the car retitled and licenced until 1/14/02. On 1/8/02 she filed a warrent in detinue against me saying ''Even though plaintif has sold car and signed off on title, defendant refuses to retitle the car and is driving car illegally w/ no tags. We will go to court for a preliminary hearing to set a trial date or dismiss on 2/7/02. Does she have a detinue case against me and will be able to take my car?
1 Answer from Attorneys
Re: does she have a detinue case?
No. She filed the wrong thing in the wrong court. She admits the car is yours and is probably just trying to get you to title it to yourself so that she is off the hook if anything happens. But the General District Court has no power to award such relief.