Legal Question in Consumer Law in Washington

who is the leagle owner?

girlfriend had to have 2004 ford extended cab 4 door/all the extras/loaded.girlfriend could not get financed,talks boyfriend into doing this.part of the deal w/dealership is the trade in,two of her older cars.new truck is in boyfriends name only,as well as all finacial debt.a year goes by with payments being late more often than not.boyfriend not boyfriend any longers.last payment exgirlfriend makes is not only late but $200.00 short.exboyfrind is now wanting to save his credit rating tells exgirlfriend he is going to assume possion of the truck,exgirlfriend makes the claim that if he does she'll park it in the middle of the river and destroy it,and she would do just that.exboyfriend gets possion of truck.now she has filed a restraing order w/ return of the truck as part of the order.who owns this truck?


Asked on 9/13/07, 12:20 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: who is the leagle owner?

If there is a court order restoring possession of the truck to her, ownership is really a non issue.

However, you can't just grab it from her. You can sue her to recover the cost of what you put into it, and get a judgment against her, and have the sheriff seize the truck to be sold to satisfy the debt, but that doesn't give you the right to grab the truck right now.

Modern manners include restraining orders as a mechanism of control over other person's behavior. Your more pressing concern is not being found liable for violating her personal right to be free from coercion and dominance, e.g. domestic violence. If an order is entered, you will never be allowed near a gun again, which may bother you and it may not - it is an unforseen consequence of grabbing the truck.

The owner of the truck is probably the bank (or lender).

Hope this helps. Would strongly recommend you lawyer up to deal with the restraining order issue.

Elizabeth Powell

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Answered on 9/14/07, 8:19 am


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