San Jose, CA asked in Civil Litigation for California

Q: Do I need a lawyer to file a civil lawsuit against my ex for breech of contract over property?

My ex and I have a family court order from 2018 stating she is to hold a custom style car as collateral while I pay a debt for some vehicles under her name we purchased together. I have now paid all the debt in 4/2022 (early). I have requested my car back and she never informed me that she sold it back in 2021. I continued to pay the debt with the intention I would get my car back. She originally offered me through her lawyer 10K but the car is worth 30-35K. I refused. Family law refused to judge over the matter and recommended to file a lawsuit.

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3 Lawyer Answers

A: A problem you are facing is the value of the car. Ten thousand would be small claims court, up to $25,000 would be limited jurisdiction and over would be unlimited. You should determine what court makes the most sense. An attorney may help you negotiate with the other side more effectively (even before court) and advise you how to proceed. There are a few questions I would need to know before advising you.

Some attorneys would make it cost effective for you, some will not.

A: As like the hundreds of responses the other attorney post, that one is computer generated.

James L. Arrasmith
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Answered

A: In your situation, where a family court order is involved and your ex-partner has sold an asset that was meant to be collateral, filing a civil lawsuit is a reasonable course of action. Although it's not mandatory to have a lawyer to file a lawsuit, having legal representation can be highly beneficial, especially in a case involving breach of contract and family court orders.

Your case seems to involve several legal intricacies, including the enforcement of a family court order in a civil context and the valuation of the asset sold. A lawyer can help navigate these complexities, ensuring that all legal procedures are correctly followed and that your interests are effectively represented.

Additionally, a lawyer can assist in gathering and presenting evidence, negotiating settlements, and, if necessary, representing you in court. Given the value of the asset involved and the potential legal challenges, professional legal guidance could significantly impact the outcome of your case.

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