How can she go about getting the car back and what legal rights does she have at this point? 14 Answers as of January 04, 2013

My daughter has received an uncontested divorce and has a property order judgement, stating that the car that her ex has is to be returned to her immediately. She has no contact with the ex.

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Law Offices of Frances Headley | Frances Headley
There are a number of ways to collect a judgment, including a writ of possession. You should consult a family law attorney about the proper forms and other avenues of collection.
Answer Applies to: California
Replied: 1/4/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
She should contact the husband, directly or, better, through a lawyer. Her letter should be sent certified mail, return receipt required, and politely demand the turnover of the vehicle. It would be good to name a mutually convenient time and place. If the car is not returned (and the titled signed over) at that time, then her recourse is to the Family Court for an Order holding him in contempt. That usually works. Good luck.
Answer Applies to: Wisconsin
Replied: 12/23/2012
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
One way or another, her former husband has to be told that the car is her's; that it should be turned over or she will seek the assistance of the Court to get that relief, with the ability to request a counsel fee award for forcing unnecessary litigation. In reality, she should find a way to communicate with him to work it out(when and were the car will be turned over to her); the communications should have a record made to present proof of his refusal to comply.
Answer Applies to: New York
Replied: 12/23/2012
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
She can ask the police department to accompany her for the peaceful pick up of her property. She should take her paperwork awarding her the car.
Answer Applies to: California
Replied: 12/23/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I do not understand as you have no contact with her ex, however, it is her car, and if he refuses to surrender it she can reported stolen.
Answer Applies to: Michigan
Replied: 12/21/2012
    John Russo | John Russo
    That should have been worked out in the order. She can ask the police to met her at his home so she can retrieve the vehicle that is one option.
    Answer Applies to: Rhode Island
    Replied: 12/21/2012
    Harper Law Offices
    Harper Law Offices | Charles W. Harper
    Her attorney likely needs to file a contempt action to give the court jurisdiction to issue an appropriate order to enforce the Decree regarding the vehicle and it's return.
    Answer Applies to: Kansas
    Replied: 12/21/2012
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    Your daughter will need to file a motion with the Court and seek assistance from the sheriff's department to execute the order.
    Answer Applies to: Wisconsin
    Replied: 12/21/2012
    Downing Law Firm | George E Downing. Jr.
    Hire a private investigator to locate the ex and see if he still has the car. If so, coordinate with local law enforcement to meet you where the vehicle is. Take a certified copy of the court Order to the officer to obtain the car.
    Answer Applies to: Louisiana
    Replied: 12/21/2012
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    She must first contact the ex and demand that he return the car. If he doesn't, then she can go to court and ask for the ex to be held in contempt for violating the court order. Or she could hire a repo company to get the car for her.
    Answer Applies to: Idaho
    Replied: 12/21/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    She needs to find her ex and find the car and ask the police to accompany her to get the car. Take the court order with her.
    Answer Applies to: California
    Replied: 12/21/2012
    The Legal Center | Richard Manwaring
    The court issues the order. If she knows where the car is she can contact a reposession company to assist her in getting the car. She might also see if the police would help her enforce the order.
    Answer Applies to: California
    Replied: 12/21/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    She should have contested the divorce. Consult with an attorney to discuss how to set aside the judgment.
    Answer Applies to: Michigan
    Replied: 12/21/2012
    Zales Law Office
    Zales Law Office | Nicholas C Zales
    You want to file a motion for contempt and an Order to transfer the car. You also want to ask for your attorney's fees incurred in moving for contempt.
    Answer Applies to: Wisconsin
    Replied: 12/21/2012
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