Recovering a Motor Home

[Twolilsproutsmom]

My question involves personal property located in the State of: Virginia

I own a 40 Ft Diesel Pusher Motor Home in which there is a lien balance still on my home of a balance of $14K. I have been very patient and have asked my ex to please either sell it or assume a loan in his name. It has been over 2 yrs now and I feel totally helpless. He is storing the motor home on his boss’s lake property 60 miles from my home. He refuses to give me the keys, paperwork, etc.. so that I may have it removed or show it to sell it myself. I can’t even get him to send me photos of the inside of the inside so I may try to post it on the internet to sell. He is always late on the loan/insurance payment and pays me when he can. I am so frustrated with him. I spoke to an attorney at the court house briefly recently, and he stated that I could sell it and I wouldn’t have to give him a penny even though he has been making the payments on his own the last year. He has bad credit and cannot assume a loan on his own. I could have the local sheriff’s dept accompany to retrieve it, but who is say he will give me the keys and I don’t know if it will even start due to it being parked for so long. That alone will probably be costly.

I have inquired on a tow company, but he has it parked where it can’t be towed. So, all I can think of is if I can get someone down there to change the locks, and get it running and ask them to drive it off the property to somewhere closer to where I live in the city oppose way out in the middle of nowhere so I can sell it. I just don’t know what to do anymore. Is this basically all I can do? I am also currently going thru a custody case with him, in which he is providing me so support as of this time. Would a family judge assist me in any way? I just feel so mentally exhausted dealing with him. He’s taken my extra remote to my personal car and said he returned it, taken the guest passes in my HOA community and it is going to cost me $250 to replace them. I had to evict to him out of my home. It’s been literally a nightmare. Any input would be appreciated. Thank you.

[Mr. Knowitall]

Should we infer that the title is solely in your name, and you were awarded the motor home free and clear of any claim by your ex- in the divorce?

You may be able to obtain replacement keys through the dealer with the VIN and proof of ownership.

[Twolilsproutsmom]

I was never married to my childrens father and the motor home is indeed in my name with a lien on MY home. He has no claim to the vehicle other than holding it hostage. Can anyone tell me how to go about retrieving it?

[jk]

send him notice that he is no longer authorized to maintain possession of the vehicle and to surrender it to you immediately.

Then contact the police and ask if they will do a stand by while you have a tow truck retrieve the vehicle.

If that fails, you could file suit in court seeking an order demanding he deliver it to you, or at least accommodate you retrieving the unit.

[Twolilsproutsmom]

I have my first court date on Dec 7 for temp custody and support until our trial date. I've been to court now two different times before just trying to establish temp custody and support until our 7 Dec court date, but he hever shows up. He can't even afford child support at this point but yet he is trying to keep this motorhome and pay when he can. He takes for granted that I am supporting the children and not unloading the motor home and helping me otherwise. I'm struggling to make ends meet. He is a bully and I want to ask the judge to please help me in asking him to turn over the keys but I don't know if he will help me in this situation. I don't want to irritate the judge but I am at my wits end with him. He hasn't even removed his items from my home and that is another situation. Will a judge even allow me to explain to them my situation?

A tow truck can not get access. I called his boss to talk to him about having it towed, and he said the way it is parked, it can't be towed out anyway.

[jk]

a judge in family court does not have jurisdiction over a personal property issue such as the motor home. You will need to address this in the proper court if you want the courts help.

as to towing it out: that is why the demand he accommodate your retrieval of the motor home. that means he assists in allowing the tow operator to retrieve the unit.

btw: I have seen semi trucks laying on their side that were eventually towed away from the scene. Nothing is impossible to a good tow truck company.