Legal Question in Civil Litigation in Virginia

warrant in detinue
If me and my girlfriend bought a truck and both of our names are on the title. I traded in my old truck and received $5000 towards the trade in and then she paid paid in full $13000 of her money. She has three DUI's in less than a year, has lost her license, and even spent time in jail. We spilt up after she got out of jail. I have been paying the taxes and for the upkeep of the vehicle for the past two years. She has now summoned me to go to court in attempts to get the truck back and has given me a warrant in detinue. Do I need a lawyer? What are my rights?

Asked on 12/15/08, 5:19 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

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Re: warrant in detinue

A "warrant in detinue" is a demand for the return of an object. It is NOT a claim for money (which would be a warrant in debt).

Since both of your names are on the title, she cannot really use a warrant in detinue to get the truck "back" because you are one of the owners.... UNLESS you are preventing her from using the truck. If there are 2 owners and 1 of them is blocking the other from using the truck, then perhaps the judge might let her use a warrant in detinue to get what is rightfully hers... the use of the truck.

Since you contributed $5000 as a trade-in, not as real cash, she may have FORGOTTEN that you contributed $5000. It would be important if you can get documentation and proof of that. (Note: If you can't get it from the dealer, try getting DMV records showing that your old truck was transferred to the dealer in terms of tag and title.)

Of course if she is not legally allowed to drive, then it is not YOU who is keeping her from using the truck. The past is not relevant, and the judge could be annoyed that you are "sliming" her unnecessarily, EXCEPT that if she is not allowed to drive the truck, you can't let her use it.

Basically what she is trying to do, and the judge might let her do it, is ask for a PARTITION, in which the rights of the two of you are divided up. This might require that the truck be sold and each of you gets a part of the money according to what you put in. Or it might mean that you should buy her out. (She could buy you out, but if she can't drive then this is not helpful.)

Answered on 12/17/08, 11:11 am

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