My ex is in possession of an automobile worth about $5K. It is kept in a locked garage at his vacation home in Virginia. It is titled in my name only. My attorneys asked for it to be returned, which was ignored by him. I cannot "take" it, since I could be charged with B&E. the car was NOT listed in the settlement agreement and my requests have been completely ignored by him.
I was told by the local sheriff's office that he can be charged with larceny.
1. I need to proceed with getting the car back. I'm concerned with the liability since it's titled to me and he has the mental make-up of someone that is spiteful.
2. I'm concerned that he will destroy it or have it "disappear". He already has a criminal record and thinks the law does not pertain to him.
Criminal Defense Attorney
Contact your local law enforcement agency (e.g., Fairfax County Police). They will tell you what your options are, including issuing a warrant for his arrest.
You don't 'file' anything. You call police. Report the theft. They and the Commonwealth's Attorney's office will decide if they will file criminal charges, or leave the matter for a civil action. Best of luck to you.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.