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  1. #1

    Default Car Impounded Due to Arrest of Co-Owner - Why Does Innocent Party Have to Pay

    My question involves search and seizure law in the State of: NC

    My estranged husband drove a car, which was paid for and registered/titled in both our names. He committed a crime of which I was the victim. He was taken to jail. I was taken to the hospital. He had left the car a couple of blocks from my home and it was towed. I had to pay to get it back from the placel that had it. I had to get the release of the vehicle cleared through the district attorney's office and it had been part of the investigation. Why did I have to pay to get my own car back? Now I also have to pay an indemnity bond to have the vehicle registered in my name alone, etc. None of this is covered in the victim's compensation fund. It was $1700 to get my car back and I think that's insane. I feel like the victim of the crime and the system right now. Any thoughts?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Why Did I Have to Pay to Get My Car Back

    well, while you state it was your car, the fact is, it was also your husbands car. So, rather than looking at it as you had to pay to get your car back, you actually had to pay to get his share of the car back. The fact that he drove it to commit the crime would support the fact the car was his car for practical purposes.

  3. #3

    Default Re: Why Did I Have to Pay to Get My Car Back

    I can understand the perpertrator of the crime having to come up with the money to pay to get the vehicle back. Back as a co owner and victim it makes no sense. It was his - but it was mine. If he went to pick it up - charge him the $1700. But really - the victim having to pay? I could go on a rant here because, although I am very aware of how lucky I am to be alive thanks to wonderful police work, the concept of victim/witness advocacy is a farce. The guns he used in the commission of the crime will be destroyed instead of being returned to me. I would like to have the opportunity to sell them. He was under court order to be a large amount of child support each month. There was nothing in place to freeze his assets or anything else to make sure that funds would be there to cover the support he's not going to pay while he's in prision. Now, all his property has been sold or given away and his bank accounts are empty. His children will never see a dime of the support that he was to have paid for their care. There is no "help" availalbe for replacing that money (it was more than I make each month). The only option was a court order to have the funds put in a trust (or so I'm told). The money was all moved before the system got through the process. I'm not happy about being a victim and I don't want anything handed to me. But it seems to me that when it comes to domestic violence that there should be something that could happen along with the protective orders, etc to ensure that if they are broken that the criminal does not have access to his money, etc until the system has sorted things out. Anyway, thank you for your answer and I apolgoize for my rant. Once this is over I plan to lobby every elected official in several states that have been involved in this situation to modify domestic violence laws and enforce the ones already on the books.

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