KudosForND Posted March 12, 2009 Share Posted March 12, 2009 My dad got Arrested and he was using my car at the time, The car is in my moms name. Im trying to get my car back so i can go to work and actually get out my house. The investigators said they found nothing in my car but the DA is saying they can keep my car and can seize it. I know they are tryin to do there jobs and I have nothing against the law and Really in all honesty my dad messed up and deserves time but to punish me for this is redicoulous. So if anyone can give me information about anything i will be very grateful. Link to comment Share on other sites More sharing options...
Lil Bit Special Posted March 12, 2009 Share Posted March 12, 2009 My dad got Arrested and he was using my car at the time, The car is in my moms name. Im trying to get my car back so i can go to work and actually get out my house. The investigators said they found nothing in my car but the DA is saying they can keep my car and can seize it. I know they are tryin to do there jobs and I have nothing against the law and Really in all honesty my dad messed up and deserves time but to punish me for this is redicoulous. So if anyone can give me information about anything i will be very grateful. call a lawyer. Link to comment Share on other sites More sharing options...
KudosForND Posted March 12, 2009 Author Share Posted March 12, 2009 call a lawyer. We called a few but they want money and we are in financial problems.. We might get a lawyer soon but im jsut curious right now Link to comment Share on other sites More sharing options...
Bugeater Posted March 12, 2009 Share Posted March 12, 2009 Why on earth is YOUR car in your mom's name? You don't have a legal leg to stand on. Link to comment Share on other sites More sharing options...
KudosForND Posted March 12, 2009 Author Share Posted March 12, 2009 Why on earth is YOUR car in your mom's name? You don't have a legal leg to stand on. i just turned 20 years old..Im on the insurance but i didnt get my own bc the pay is outrageous for Teenage males Link to comment Share on other sites More sharing options...
Larz Posted March 12, 2009 Share Posted March 12, 2009 so you basically lied to the insurance company, and now think you are getting screwed ? c'mon dude don't waste your money on the lawyer buy a vespa instead Link to comment Share on other sites More sharing options...
Gunnails Posted March 12, 2009 Share Posted March 12, 2009 Sorry, I think you are screwed, is your Mom and Dad married? Maybe you could claim he stole it, but I doubt that would work. Even if you get the car back, you will first have to pay impound and towing fees. I am assuming your Dad will not be able to take care of this financially for you, it's his responsibility. Good luck, it's a crazy life we lead sometimes. Link to comment Share on other sites More sharing options...
PFSIKH Posted March 12, 2009 Share Posted March 12, 2009 My dad got Arrested and he was using my car at the time, The car is in my moms name. Im trying to get my car back so i can go to work and actually get out my house. The investigators said they found nothing in my car but the DA is saying they can keep my car and can seize it. I know they are tryin to do there jobs and I have nothing against the law and Really in all honesty my dad messed up and deserves time but to punish me for this is redicoulous. So if anyone can give me information about anything i will be very grateful. Bribe the DA with a JN t-shirt? Sorry about your situation. Link to comment Share on other sites More sharing options...
KudosForND Posted March 12, 2009 Author Share Posted March 12, 2009 so you basically lied to the insurance company, and now think you are getting screwed ? c'mon dude don't waste your money on the lawyer buy a vespa instead How am i lying? im on my moms insurance.. im listed as a driver of the car.. i pay my mom instead of the insurance company. Link to comment Share on other sites More sharing options...
KudosForND Posted March 13, 2009 Author Share Posted March 13, 2009 Sorry, I think you are screwed, is your Mom and Dad married? Maybe you could claim he stole it, but I doubt that would work. Even if you get the car back, you will first have to pay impound and towing fees. I am assuming your Dad will not be able to take care of this financially for you, it's his responsibility. Good luck, it's a crazy life we lead sometimes. Yea they are married.. Like I know they car is under investigation so I am not that mad they are holding it but when the guy told my mom that they can seize it. If im correct then that means they are gonna keep my car and sell it... And another thing is i have a paycheck in there and its almost a month old now(I was lazy and I didnt think i wouldnt have my car)Ive heard that a check can go "bad" after 30 days of issue so i want that check and they wont let me get it... Link to comment Share on other sites More sharing options...
rillo Posted March 13, 2009 Share Posted March 13, 2009 Don't think there's anything you can do until the investigation is over. Once the investigation is complete and the case is closed/resolved they'll release the car, you'll probably have to pay also. Link to comment Share on other sites More sharing options...
Gunnails Posted March 13, 2009 Share Posted March 13, 2009 Yea they are married.. Like I know they car is under investigation so I am not that mad they are holding it but when the guy told my mom that they can seize it. If im correct then that means they are gonna keep my car and sell it... And another thing is i have a paycheck in there and its almost a month old now(I was lazy and I didnt think i wouldnt have my car)Ive heard that a check can go "bad" after 30 days of issue so i want that check and they wont let me get it... ================================================ They usually won't seize a vehicle that has a loan on it. I think. I have cashed checks that were over a year old. Link to comment Share on other sites More sharing options...
Otter Posted March 13, 2009 Share Posted March 13, 2009 I'm not sure about the car, but you can tell your job about the paycheck and they'll cancel it and issue you a new one. Link to comment Share on other sites More sharing options...
The Gun Of Bavaria Posted March 13, 2009 Share Posted March 13, 2009 Kudos, I can give you some advice/insight from a Michigan perspective, so keep that in my mind. I obviously cannot speak for other states when it comes to forfeiture/seizure laws. Given the fact that it's being forfeited, I already have a general idea as to what he was arrested for. First of all, let me say I'm sorry you're going through this. I know what you mean about ownership. I was in high school and college once and even though it was my Jeep, it was in my Dad's name for insurance reasons. Anyways, regardless of the fact it's "your" car, if it's in your parents' name then it's legally their car as far as the law is concerned, so you won't be able to argue that the forfeiture is improper. Typically when a car is forfeited, again at least here in Michigan, we have to serve the owner with an Intent to Forfeit notice (usually done so at the time of the arrest) and he/she gets a copy of the notice. Once served, the owner has 10 days (I think) to appeal the forfeiture proceedings and upon doing so, must post a bond on the vehicle in question. The matter is then scheduled for a hearing between owner and the prosecutor and if they can't (or won't) work out a deal, a hearing can be requested by the owner. 9 times out of 10 in my city, the city attorney will let the owner "buy the car back" for an agreed upon sum, usually $1000-$4000 depending on the type, year and condition of car, etc. (Yes, you're paying for your own car back......the irony) If they're a real prick, then they won't play ball and you'll have to get legal help to fight for it back...placing you into that whole debate of cost of getting it back vs. is it really worth that much? As for your property inside it, that's BS if they won't allow you to at least, retrueve the personal affects/contents from the interior. I would call the police department that impounded it and ask them. Might want to ask for a supervisor when you call and politely explain the situation and ask if you can get your stuff. My questions for you are: 1) Is the vehicle a lease or is there still a lien holder (Loan holder) on the title? If so (In MI) you can't seize the car since the offender doesn't technically own it. 2) Was your Dad or Mom (most likely Dad) served with a Notice to Forfeit? (again, keep the fact that I'm speaking for Michigan in mind) If so, how long ago was it? If he was served weeks ago and your parents never responded to it, you might be well beyond the response time and defaulted, i.e. screwed. It's a hard fight to win man, not going to lie. You said your check has been in there for a month....which tells me that you might be beyond the response window. Worst case, find out when the next auction is and bid for your car back. I'll check this when I can. I'm in FL on vacation so my net time is limited. Good Luck. Link to comment Share on other sites More sharing options...
rillo Posted March 13, 2009 Share Posted March 13, 2009 ================================================ They usually won't seize a vehicle that has a loan on it. I think. I have cashed checks that were over a year old. One thing has nothing to do with another, they'll seize regardless, in FL @ least. Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 One thing has nothing to do with another, they'll seize regardless, in FL @ least. No, not true. Link to comment Share on other sites More sharing options...
KudosForND Posted March 13, 2009 Author Share Posted March 13, 2009 Kudos, My questions for you are: 1) Is the vehicle a lease or is there still a lien holder (Loan holder) on the title? If so (In MI) you can't seize the car since the offender doesn't technically own it. 2) Was your Dad or Mom (most likely Dad) served with a Notice to Forfeit? (again, keep the fact that I'm speaking for Michigan in mind) If so, how long ago was it? If he was served weeks ago and your parents never responded to it, you might be well beyond the response time and defaulted, i.e. screwed. It's a hard fight to win man, not going to lie. You said your check has been in there for a month....which tells me that you might be beyond the response window. Worst case, find out when the next auction is and bid for your car back. Thanks for your help, I hope some of Michigan's laws are the same as NY because i got alot more understanding out of this now. 1. its an older car 95 mazda 626, and we own it.I dont know how alot of the legal stuff works but i know Im listed as the driver of the car but on my Moms insurance. 2. I dont know if my dad was serverd with the Forfeit but I know they haven't gave my mom anything about the car. One investigator told her he has to write something on the car today(thurs) so thats like 3 days after the arrest. As for the check I just didnt cash it i had it and i always put off going to the bank. Link to comment Share on other sites More sharing options...
lamont_jordan_rules Posted March 13, 2009 Share Posted March 13, 2009 ... i didn't quite catch the details of where this check is from ... ... but ... ... simply worrying about that part of your issue ... ... i'm sure you can have HR or some department/person in charge of payroll at work issue you another check and stop payment on the old one ... it may take a while, but i'm sure you can get another sent if the whole cost of getting the car itself back isn't worth it ... l_j_r Link to comment Share on other sites More sharing options...
joewilly Posted March 13, 2009 Share Posted March 13, 2009 good of you to spell it out for him gob.......sorry to hear about this kudos....That really sucks & I hope everything works out for you Link to comment Share on other sites More sharing options...
Matt39 Posted March 13, 2009 Share Posted March 13, 2009 Dewey, Cheatem & Howe LLP Link to comment Share on other sites More sharing options...
Norway'sWaddlingMarmaloof Posted March 13, 2009 Share Posted March 13, 2009 Finances are tight but you leave an uncashed paycheck in your clove box for a month? OK, I was 20 and a dumbass once also, so no judgement, but....DUDE! Link to comment Share on other sites More sharing options...
KSJets Posted March 13, 2009 Share Posted March 13, 2009 Just head to the police impound lot and steal back your car. Hey, it worked for Nicolas Cage and Angelina Jolie in "Gone in 60 Seconds" Seriously now, I would do as others have suggested and at least contact your employer about issuing another check. Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 Finances are tight but you leave an uncashed paycheck in your clove box for a month? OK, I was 20 and a dumbass once also, so no judgement, but....DUDE! lol as for your problem... Being listed as a driver on the insurance means nothing, at all. Have you gone down to the station and asked them if you could retrieve your paycheck? If not the other poster is right, all you have to do is have a new check issued. As for the car... it might be tied up for a bit... start arranging rides... Link to comment Share on other sites More sharing options...
joewilly Posted March 13, 2009 Share Posted March 13, 2009 lol as for your problem... Being listed as a driver on the insurance means nothing, at all. Have you gone down to the station and asked them if you could retrieve your paycheck? If not the other poster is right, all you have to do is have a new check issued. As for the car... it might be tied up for a bit... start arranging rides... and in rides captain obvious at the end of the thread Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 and in rides captain obvious at the end of the thread Here I am to save the day! Link to comment Share on other sites More sharing options...
joewilly Posted March 13, 2009 Share Posted March 13, 2009 Here I am to save the day! I have nothing to add Link to comment Share on other sites More sharing options...
uart Posted March 13, 2009 Share Posted March 13, 2009 Call a lawyer. If the car was in your dad's name, then (depending on what he was arrested for) you may be S.O.L. If your name is on the title, then you're in better shape. As for the check, ask the cops about it. If they won't give it to you, then (as LJR said, get them to issue a new one at HR. They might not WANT to do it, but they can, and it's probably easier than fighting with the cops over it. Link to comment Share on other sites More sharing options...
joewilly Posted March 13, 2009 Share Posted March 13, 2009 Call a lawyer. If the car was in your dad's name, then (depending on what he was arrested for) you may be S.O.L. If your name is on the title, then you're in better shape. As for the check, ask the cops about it. If they won't give it to you, then (as LJR said, get them to issue a new one at HR. They might not WANT to do it, but they can, and it's probably easier than fighting with the cops over it. you may wanna read what he wrote. the car is in his moms name. he doesn't wanna pay for a lawyer. other than that you swooped in an nailed it with the advice you related to ecurb? Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 you may wanna read what he wrote. the car is in his moms name. he doesn't wanna pay for a lawyer. other than that you swooped in an nailed it with the advice you related to ecurb? He is my retarded cousin... take it easy on him. If the dads name is not on the reg/title the mom should be able to go get the car back I would think... Now that I think about it though... holy ****... good luck keeping the insurance on the car once they find out... wow Link to comment Share on other sites More sharing options...
joewilly Posted March 13, 2009 Share Posted March 13, 2009 He is my retarded cousin... take it easy on him. If the dads name is not on the reg/title the mom should be able to go get the car back I would think... Now that I think about it though... holy ****... good luck keeping the insurance on the car once they find out... wow I don't get ya. nothin wrong with mom puttin him on her insurance. dad is over 25 so he can drive it Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 I don't get ya. nothin wrong with mom puttin him on her insurance. dad is over 25 so he can drive it I am saying... if he got a hefty ticket for a violation bad enough to impound... most likely the insurance company is going to dump them... too high of a risk now... Link to comment Share on other sites More sharing options...
KudosForND Posted March 13, 2009 Author Share Posted March 13, 2009 I am saying... if he got a hefty ticket for a violation bad enough to impound... most likely the insurance company is going to dump them... too high of a risk now... The arrest has nothing to do with the car just he was using it. He got charged with burglary 2nd degree but in court the judge said its a misdemeanor now for mischief to committ a crime because he never entered the house. This whole thing doesn't make since to me hes being held on $50,000 bail for a misdemeanor and they still holding my car. I doubt the HR will do anything for me consider i dont work there anymore, I got laid off. Im pretty sure i can get my check soon tho. One guy said i can get that and my Glasses so I probably will tomorrow if i can get a ride over there. Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 The arrest has nothing to do with the car just he was using it. He got charged with burglary 2nd degree but in court the judge said its a misdemeanor now for mischief to committ a crime because he never entered the house. This whole thing doesn't make since to me hes being held on $50,000 bail for a misdemeanor and they still holding my car. I doubt the HR will do anything for me consider i dont work there anymore, I got laid off. Im pretty sure i can get my check soon tho. One guy said i can get that and my Glasses so I probably will tomorrow if i can get a ride over there. Link to comment Share on other sites More sharing options...
KudosForND Posted March 13, 2009 Author Share Posted March 13, 2009 exactly Link to comment Share on other sites More sharing options...
ECURB Posted March 13, 2009 Share Posted March 13, 2009 exactly Was there any stolen property in the car? That you know of? Link to comment Share on other sites More sharing options...
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