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    cita1996's Avatar
    cita1996 Posts: 1, Reputation: 1
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    #1

    Feb 26, 2015, 01:29 PM
    My ex had a car that he paid for before we met and later signed the title over to me
    My ex had a car that he paid for before we met and later signed it over to me, so the title and insurance are in my name, he is taking me to small claims court for replevin
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
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    #2

    Feb 26, 2015, 01:48 PM
    Has he taken the car bck yet? What defense is he using that it is still his since he signed over the title ?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #3

    Feb 26, 2015, 02:57 PM
    Is he claiming that you got it 'wrongfully' somehow? Deceit? You didn't hold a gun to his head.
    I would guess that he doesn't have a case, because you didn't commit fraud, presumably, but judges in small claims have a lot of leeway to make arbitrary decisions.

    If you ditched him right after getting it, convincing him that you needed it for a job, for example, who knows, you might lose. How long were you together, and how long before you broke up did he sign it over to you? How much is it worth (what year and make)?
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #4

    Feb 26, 2015, 04:09 PM
    Replevin is a civil action to recover a piece of personal property that a person refuses to return to you. In a replevin action, the plaintiff, your ex, must prove he has a legal right to the possession of the property, such as ownership of it, and that the defendant, you, has wrongful possession of the property. From what you have said, I don't see that as the case.
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #5

    Feb 26, 2015, 08:56 PM
    Of course, a judge can pretty much do what they want but if that title is in your name and he isn't on it, then that car is pretty much yours.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 27, 2015, 12:41 PM
    And do you have a question?

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