Legal Question in Real Estate Law in Virginia

Father sold my stuff

I moved to another state for about 6 months while my husband was in the military. I left my furniture and car with my father, and told him I would be back to pick it up in about 6 months, when my husband was out of the military. When I got back, he had sold everything, including my car, which I still owe payments on. He did NOT have my permission to do this. What can I do to get the money he made from the sale of my car and furniture?


Asked on 3/07/07, 7:17 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Father sold my stuff

You could first ask your father for the money he made from the sale of your property, minus reasonable fees for storage. Then, if he fails to properly reimburse you, you could sue him either in small claims court or in the regular general district court, depending upon the size of your damage claims.($5000 is the jurisdictional limit in small claims court.)

If you decide to sue, you would be well advised to engage the services of an attorney to give you some pointers on preparing and presenting your case in court.

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Answered on 3/07/07, 7:30 pm
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Father sold my stuff

What a story.... There is so much to talk about. Not enough space here for sure. Assuming that you really had an agreement with your father you can definitely sue him to recover the money he gained from the sale. You left your things with him for 6 months.... so maybe he incurred fees in storing or maintaining your things and he is entitled to just compensation for that. The car is of great concern to me: How did he sell the car without the title? I would be very interested in knowing his reasons for selling. You mentioned you still owe money on the car: not to ruin your credit you have to keep making your payments. I think that there might be more to the story than what transpires from your question. If you are asking for less than $5K you can sue him in small claims court. Another option would be to seek the help of an arbitrator which would also keep your cost down (in regular court this type of case really needs an attorney).

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Answered on 3/07/07, 7:58 pm


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