Woman took my car... civil issue... trying to get it back

[fixmycar]

@Officer Sparky Correct, it's 100% civil and I've been told I cannot call police because it's a civil issue.

This is in the state of Florida btw, your friendly neighbor.

Yes, I am the only registered owner, only person on the loan, title is with the lien holder and I'm the only one on it.
There is no bill of sale, just verbal that she would pay for the car, she would make monthly payment and carry insurance, both of which she has not done for months.

We were never married, just cohabitants with a single child.

I do have a key I made from the dealership, as I was able to get the DMV to mail me a copy of the registration as the local offices are closed.
The dealership said I needed to bring in the car to get the key coded to the vehicle. I'm not sure how to registered a dealer key to the car.
If it's literally 3-5 secs, then I could do it myself. If it requires longer, I would not feel comfortable trying to do that while in the parking lot of the place she is staying.

Yes, I've learned my lesson... Tough lesson, always learning them as I grow older... never ends. Thanks

Does anyone know how to registered a new dealer chipped key to a 2012 Yukon XL Denali?

And thanks, I don't take any information online as coming from a lawyer or legal advice!

 

[fixmycar]

Reading through previous posts:

1. Can't call police, it's not technically stolen and I've been told it's a civil issue and if I report it stolen I can be held legally accountable for what happens.
2. I've already contacted OnStar. They can only help out if their is an active connection. There is currently no active connection so they are unable from what hey told me to make a connection to the car. I would need to get into the car, hit the blue button and then I assume be in the car and I don't think that would be a viable option due to time and where I'm at... parking lot of where she's staying.
3. I think disabling the vehicle by GM would be a good option, but I think that ties into OnStar? If not, I'd be interested.
4. Repo companies... first, there aren't many if any in this local area, and they don't like to deal with personal repos due to liability and insurance issues. I've tried for hours to find someone. It's not worth their headache.
5. The car is normally locked via FOB. I'm never heard the alarm go off... Sounds like the horn will honk if you put in a new dealer key that's not programmed to the car?
5. Sounds like a 30 minute key relearn? Ouch...
6. Civil Court.. This might ultimately become a me filing against her and go to court, which is going to take forever and cost me financially for court, as well as continue to pay for the car, insurance and the legal liability of her driving. The system is broken.

 

[avalonandl]

Have it towed to a dealership. You are the owner....

 

[trailblazer]

Get a notarized letter from your bank showing ownership (proof it’s in your name with them), registration, two $100 bills. Find a wrecker driver. They are everywhere.

 

[Rocket Man]

Have it towed to a dealership. You are the owner....

Exactly. Get a copy of the registration if you don’t have it, tell the tow company your situation.

 

[Doubeleive]

again I think you are WAY over thinking this, just have it towed to virtually anywhere "to your own driveway" stick the key in the ignition, turn it to run, let it sit 10 minutes until the security light goes out, turn it back to off wait a second, turn it back to run, let it sit 10 minutes until the security light goes out, turn the key back to off wait a second, turn it back to run and let it sit for 10 minutes until the security light goes out, turn it back to off wait a second, start the truck. that is a 30 minute relearn and it's 100% FREE, same dam thing the dealer will charge you probably $100 to do, mine charged me $39 on a "special" to do my 2018 but that is a completely different procedure because it requires at least 2 keys and I only had 1 key

 

[fixmycar]

OK, so I've spoken with a tow driver...and I don't know if he's trying to take me for my money, but he's yet to tow it. I keep getting different excuses from him. He's fully aware of the situation. This was the only tow driver I could find who would do it. None of the other ones want to get involved in personal repos...
In the state of Florida, you legally repossess your property but you cannot Breach the Peace in doing so. The issue is, if she comes outside and makes a scene and calls the police, there would be a breach of peace and that's what I'm trying to avoid. She would then hide the vehicle etc.

I can tell you I'm about to just go and take the license plate off at the very least. Have fun driving around with no license plate, and she can't get a new one as it's registered just to me.

 

[Doubeleive]

ok, so what exactly is "breaching the peace", pretty sure if you pull up with a tow truck driver, hook it up and tow it away the only possible person breaching the peace is her if she saw what was happening and came outside and made a scene about it. Now if you go and do something stupid like bang on her door and mouth off some shit to her in the process then ya that's "breaching the peace" tow it away, keep your mouth shut in the process, simple.

 

[Rocket Man]

OK, so I've spoken with a tow driver...and I don't know if he's trying to take me for my money, but he's yet to tow it. I keep getting different excuses from him. He's fully aware of the situation. This was the only tow driver I could find who would do it. None of the other ones want to get involved in personal repos...
In the state of Florida, you legally repossess your property but you cannot Breach the Peace in doing so. The issue is, if she comes outside and makes a scene and calls the police, there would be a breach of peace and that's what I'm trying to avoid. She would then hide the vehicle etc.

I can tell you I'm about to just go and take the license plate off at the very least. Have fun driving around with no license plate, and she can't get a new one as it's registered just to me.

And what exactly are the police going to do if she makes a scene, arrest you? I don’t think so. Give you a ticket? What do you have to lose? Time to grow a set. Go get your vehicle before she gets drunk and kills someone and you REALLY pay the price because it would be you that gets sued. She can rack up thousands of dollars worth of parking tickets, tolls, etc and you will be the one that pays.

 

[Doubeleive]

And what exactly are the police going to do if she makes a scene, arrest you? I don’t think so. Give you a ticket? What do you have to lose? Time to grow a set. Go get your vehicle before she gets drunk and kills someone and you REALLY pay the price because it would be you that gets sued. She can rack up thousands of dollars worth of parking tickets, tolls, etc and you will be the one that pays.

lol, you read my mind @growaset haha I was just making a bagel going wtf this guy needs to grow a set

 

[BG1988]

have them ****** it when she is at work or at the store that is the best bet..

 

[fixmycar]

@Doubeleive @Rocket Man

I would need to call the local sheriff and see what they say in regards to that matter. I've spoken to my attorney and he said I can't breach the peace.
I'm not so worried about going there and having it towed. It's the fact I can't find anyone to tow it. The only person who I've spoken to has yet to do it, repo people won't and no other tow truck driver will do it either. I can't go there and do 30 min key relearn. So my options are limited. Believe me, you think I want to keep paying for a car and insurance for someone like her? This is the last thing I want to do. I'm stressed, lawyer bills out the ass... haven't seen my daughter in almost 40 days, coronavirus shutting down courts left and right. I have 100 things on my mind and this is just one of them.

Believe me I want the car back, I want someone to get off their ass and tow it... it's yet to happen. I will call the local sheriff's office (that's who maintains this area) and see what they say about breaching the peace. I have a feeling they are going to tell me it's civil and I'll need to take them to court. I am not joking, I've had a lot of recent talks with the police in regards to this woman and I never normally engage the police and they like to pull the it's civil and you'll need to take her to court...

 

[Doubeleive]

@Doubeleive @Rocket Man

I would need to call the local sheriff and see what they say in regards to that matter. I've spoken to my attorney and he said I can't breach the peace.
I'm not so worried about going there and having it towed. It's the fact I can't find anyone to tow it. The only person who I've spoken to has yet to do it, repo people won't and no other tow truck driver will do it either. I can't go there and do 30 min key relearn. So my options are limited. Believe me, you think I want to keep paying for a car and insurance for someone like her? This is the last thing I want to do. I'm stressed, lawyer bills out the ass... haven't seen my daughter in almost 40 days, coronavirus shutting down courts left and right. I have 100 things on my mind and this is just one of them.

Believe me I want the car back, I want someone to get off their ass and tow it... it's yet to happen. I will call the local sheriff's office (that's who maintains this area) and see what they say about breaching the peace. I have a feeling they are going to tell me it's civil and I'll need to take them to court. I am not joking, I've had a lot of recent talks with the police in regards to this woman and I never normally engage the police and they like to pull the it's civil and you'll need to take her to court...

does your insurance have roadside assistance?, if not I bet one of your credit cards does, if not go get AAA roadside assistance it's about $135 for a year.
once you figure out which way to get roadside assistance, call and request a tow just say it wont start (which is true, it wont until you do the relearn). when they tell you a expected time of arrival be there in person at the same time. have it towed.

 

[UNOIT]

This is an entertaining thread. Just read through the whole thing. I’m standing by for more!


Sent from my iPhone using Tapatalk

 

[fixmycar]

does your insurance have roadside assistance?, if not I bet one of your credit cards does, if not go get AAA roadside assistance it's about $135 for a year.
once you figure out which way to get roadside assistance, call and request a tow just say it wont start (which is true, it wont until you do the relearn). when they tell you a expected time of arrival be there in person at the same time. have it towed.

Then once again, I'm not telling the tow driver what's really going on. They show up there, lights on, in no hurry, she comes out and then it goes back to breach of peace, which I'm in the process of finding out exactly what that means in this area.

 

[Doubeleive]

Then once again, I'm not telling the tow driver what's really going on. They show up there, lights on, in no hurry, she comes out and then it goes back to breach of peace, which I'm in the process of finding out exactly what that means in this area.

that's not on you, that's on her. have your phone out and record before you get there and until you leave the premises with your truck. It's your property LEGALLY end of story.

 

[Doubeleive]

AND since you have tons of lawyer fee's consult your lawyer he/she know's good dam well what breaching the peace means in your state.

 

[latvius]

Getting lawyers involved just adds more expense, for what they charge you would be better off just paying the bill. On another note the bank loaned YOU the money, the insurance company provides insurance to YOU. This whole subleasing thing is not a great idea nor would I go around telling people about it.
The way I see it, either stop payment and let the bank reposes it and take the hit or go unlock the door open the hood and take YOUR battery. Call for a tow the next day, tow it to your house and problem solved.

 

[dubyagee01]

Just go set it on fire while she has possession. Boom. Insured.



IM KIDDING. DO NOT DO THAT!!!!!

 

[BG1988]

Getting lawyers involved just adds more expense, for what they charge you would be better off just paying the bill. On another note the bank loaned YOU the money, the insurance company provides insurance to YOU. This whole subleasing thing is not a great idea nor would I go around telling people about it.
The way I see it, either stop payment and let the bank reposes it and take the hit or go unlock the door open the hood and take YOUR battery. Call for a tow the next day, tow it to your house and problem solved.

a lot of dealers are doing free tows if you get repairs

or find a shop that does free tows if you get it repaired.


or call a lock smith and have it reprogrammed (bring title/reg as they only deal with the legal owner).