Legal Question in Civil Litigation in Virginia

I have lived with my cousin from 2001 to 2005 and basically he let me live for free without me paying him for rent or food. This was the time when I was going to school in US. I have been employed from 2005 May and have moved out.

When I was travelling to India in Feb 2009, I left my cars, my things and my ceritificates in his home and came back after 8 months from India to US. Our parents had conflict with each other in India during my stay in India regarding the property in India. So, my cousin after I came to US in Sep 2009 is denying to give my cars and all of my things. Also, he is saying that he would file for a civil law suit and I am responsible for paying 51,000$ for staying at his home during the duration 2001 to 2004 and also I am responsible for paying the rent for leaving my things and cars at his home.

He was the one who encouraged me to leave my things at his home since me and my husband do not have a job and we planned to travel to India. So, we had to vacate our apartment and leave my things at his place in Feb 2009.

Also, I left two cars in his home before I went to India. I have given Power of Attorney for my old car corolla which is worth 3000$ to my cousin to sell my car and deposit the amount into my bank account. After the conflict in India, he left my car on the road that didn't have a valid registration and made it to be towed away and gave the title to the towing people. He was not suppose to drive my car onto the road since I left both the cars in the drive way. I still have my new car of worth 22k with him which he would not give to me.

Question:-

(1) If he files for a civil lawsuit, will the court ask me to pay 51,000$ for maintenance loan that he has been requesting for? There was no agreement or contract that we have made between each other for making any kind of payments.

(2) How can I get my things back other than filing a case in the court?

(3) My new car Honda Accord is financed and I am paying currently 450$/month without using the car since my cousin is denying to give it to me. I do not want to ruin my credit history by not making min payments to the finance company. Is there any other way to get my car?

(4) Can I have my cousin pay for my old car that he gave away to the towing people? The car was towed off since my cousin left it on the road and the towing people towed it away since it didn't have a valid registration and he didn't collect it on purpose.

Thanks,

Sirisha


Asked on 11/04/09, 3:07 pm

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

You need to consult an attorney about filing suit. Court may be your only option. Good luck.

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Answered on 11/09/09, 3:36 pm
Jonathon Moseley Moseley & Associates Law Firm

Your zip code suggests that you are in West Virginia instead of Virginia. But you said Virginia. An attorney licensed in Virginia is NOT (necesssarily) licensed in West Virginia.

I can only answer if this is in Virginia....

To get back your property, you need to file a Warrant in Detinue in the General District Court. You should call an attorney (like me) or go to the Clerk of the Court. This can take a month or two so you want to do this immediately.

It is probably not right for you to live in his house without paying, but legally you are not obligated to pay anything if you did not promise it or he did not ask for it, when you STARTED to live there.

IN any event, it is not legal to take your things WITHOUT getting a court to decide first if you owe the money or not.

He cannot hold on to your property. First, he would have to get a court to decide if you owe the money or not. This is especially true when ther eis a big question if you owe any money.... because you never promised to pay him in the first place.

It might be the right thing to do if you will pay him something for living there.

However, a court will probably not order you to pay, if you did not promise to pay.

For the same reasons, I don't hink you can make him pay for towing the car. He would not be responsible to manage your car on the street, unless he promised to do so.

However, I don't know why he would have the legal power to sign the title over to the towing company. Why would he be able to sign for you?

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Answered on 1/01/10, 9:28 pm


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