Small claims court for a vehicle that was purchased but titled and registered in my name - he owes back child support

I helped my daughters father purchase a car. He ended up living with me over the past 6 months and paying me back for the vehicle in small amounts. The car was still titled and registered in my name. I eventually had to kick him out of my home and seized the vehicle back. He is now suing me for the car or the money he put into the car. I decided to seize the car because he owes me back child support for daycare in the amount of $1200 - as well as being in arrears in the current support order of $1300. The car was purchased for $2200, but is only worth $1600. I am thinking of filing a counterclaim so that I can just sell the car and recoup the outstanding support he owes me. I am just wondering if the judge will grant me the vehicle or will I end up having to give him back the money

Concord, CA -

Attorney Answers (1)

John Noah Kitta

John Noah Kitta

Divorce / Separation Lawyer - Fremont, CA
Answered

No offense, it sounds like your ex is a real creep. You have a valid Court Order. Why don't you file a Cross Complaint against him for the arrearage? If he is working, you might want to even think about going to Family Law Court and get the child support increased and also you should attach his wages. If you want to be very aggressive, you could sell the car, apply the money towards the amount he owes you and show the court the receipts and the child support Order to justify your actions.

Unless you catch the judge on a very bad day, I cannot imagine that he is going to allow your ex to obtain a car, not pay past and current due child support. If I was the judge, which I have served many times in Small Claims Court as pro tem judge, I would say to the guy, " You can't be serious".

I hope this is helpful.

John N. Kitta
Fremont
(510) 797-7990

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