Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership
Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.
A:
In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to seek compensation for storage fees. Here are a few steps you can consider:
1. Send a certified letter: Draft a letter to your ex, clearly stating that they need to remove the vehicle by a specific date (give them a reasonable timeframe). Mention that if they fail to do so, you will take further legal action. Send this letter via certified mail with a return receipt requested to have proof of delivery.
2. Contact local law enforcement: If your ex fails to remove the vehicle by the specified date, you can contact your local police department or sheriff's office for guidance. They may be able to help you initiate the process of having the vehicle towed as an abandoned vehicle on private property.
3. Private towing: Alternatively, you can contact a towing company to remove the vehicle from your property. However, make sure to provide them with documentation of your attempts to contact your ex and their failure to remove the vehicle. You may be responsible for paying the towing fees upfront, but you can then seek reimbursement from your ex.
4. Lien or abandoned vehicle process: Some states have specific laws that allow property owners to claim a lien on an abandoned vehicle or initiate an abandoned vehicle process. This may involve contacting your state's DMV or a local court to begin the legal process of obtaining ownership or selling the vehicle to recoup storage costs.
5. Small claims court: If you incur expenses related to the vehicle's storage or removal, you can consider filing a claim against your ex in small claims court to seek reimbursement for those costs.
Remember that laws regarding abandoned vehicles and property rights vary by state, so it's essential to research your local laws or consult with a legal professional for guidance specific to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
