Contract broken by lien being taken out against title

[Agraves]

I bought a vehicle on october 5, 2009 and put it into another persons name that I lived with at the time of the purchase. I typed out a contract between this person and myself, that we both signed in front of a notary and had the contract notarized on October 8, 2009. On Oct 12, 2009 this person decided that she no longer wanted me living with her and when I moved out she refused to return my vehicle to me and take it out of her name. I took out a small claims against her in early November, on the 13th of November the papers were served to her by the buncombe county sheriff's dept. On the following monday, nov. 16, she took the title of the vehicle and got a loan against the title. My case in court was dismissed. I want to know what I can have done in court against her for getting title loan, because she knew we had the contract and the vehicle belongs to me and she also knew that we had court today(11/20/2009). and also any advice on how to write a letter of appeal to take this back to court would be greatly appreciated.

 

[Agraves]

Let me re state all of my facts here:

October 5,2009: I bought and paid for the vehicle, putting it into the other person's name, because I didn't have a valid drivers license, but she and I needed a vehicle to get our children to where they needed to go and she drove the vehicle.
October 8,2009: We took the contract and had it notarized, the contract states: That she agrees the keep her name on the title of the vehicle until I can get my license back or until I told her otherwise.
October. 12, 2009: She and I get into an argument on the way to take our children to school. I took myself and my daughter out of the vehicle and she sped off. I then went back to the apartment we were both living in, got some of mine and my daughter's belongings and left a note stating that I would be back the next day to get the rest of my belongings and my vehicle.
October 13, 2009: She texts and Instant messages me stating that I could come and get my belongings, but she was keeping the vehicle until I could show her a valid drivers license.
Early November: I took a small claims out against her demanding my truck be returned to me.
November 13, 2009: The Buncombe County Sherriff's Department contacted me to let me know that this person had been served with the small claims.
November 16, 2009: She went out of state to Tennessee and got a title loan against the vehicle.
November 20, 2009: The Magistrate dismissed my case, because the contract states that the title would stay in her name until I get a valid license.

My questions are:
1) Does the contract stating " I, ************, agree to keep my name on the title of the vehicle, until **************** can get her drivers license back or until told other wise by myself". Does "until told otherwise by myself" not count for anything? with that being in the contract, shouldn't the contract have became null and void and the vehicle returned to me, when I moved out and told her I wanted the vehicle back?
2) Is there anything that can be done to her in court for taking the loan against the title, knowing that there was a contract between us for the title of the vehicle? When I contacted the title loan company, and told them the situation about the contract, they stated, had she showed them the contract they would have never given her the loan to begin with.
3) Is there any chance of me proving that she broke the contract some how and get my vehicle back, putting it in my mothers name until I can get my license back?

 

[Agraves]

Well nevermind, I don't need any advice about this anymore. I received a phone call from the judge that saw the case and he went back over everything and has decided to bring me and this other person back to court and is giving me my vehicle back.

 

[jharris352]

Since yesterday was Saturday, and today is Sunday when exactly did you get a "phone call from the judge" that tells you that you are getting your vehicle back?

 

[Agraves]

Sunday, sounds crazy I know. But the Judge that over saw the small claims case, took the time out of his day off and called me and apologized for the Judgment that he made and that he would be bringing myself and the defendant back into court at the beginning of the month.

 

[Agraves]

I wouldn't believe it either, but I looked the number up that he called from and the phone number is from "North Carolina State Government Clerk Of Superior Court."

 

[jharris352]

That's wild. Congratulations.

 

[Agraves]

I am getting my vehicle back, the other person has until 12/10/09 to give it back to me. But my question is this, since she took out a title loan against the truck in Tennessee, knowing that we had a court date about the vehicle and that she had signed a contract stating that her name would only stay on the title until I can get my license back or until told otherwise by myself, can the title loan company charge her for fraud for giving them false information about the vehicle? I have spoken with the area manager and faxed copies of everything to him, in which he sent to lawyers that work for this place, and they told me that nothing can be done until after her first payment is due on the 15th of december.

 

[army judge]

It appears that she committed a fraudulent act. But, that depends on if she honors the payment aggrement.


Sent from my iPhone using Tapatalk

 

[Agraves]

OK, thank you. I know shes not going to pay it, she only took the loan against the title trying to keep me from getting the vehicle back.

 

[Agraves]

another question reguarding the same situation

OK, this person had until yesterday to appeal the judgement on my vehicle. I got in touch with her yesterday and asked her to give my vehicle back, she refused and said she was going to appeal it, if she did not and I go monday morning to do a writ of possessions against her, what will happen and how long does it take. She also told me that, when she did decide to give my truck back, that it wouldn't be running, and I have this printed out from the text she sent me saying all of this. After I do the writ of possessions, if she still doesn't give my vehicle back, can I get her for grand theft auto?

 

[army judge]

Getting a criminal charge might be an option, but would offer you no financial compensation.
Although, upon conviction (if that were to happen), a symapthetic judge might order her to compensate you as part of her sentence.
Judgments are often easier to obtain that they are to enforce.