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Property Matters After Cutting Off Contact

Discussion in 'Other Family Law Matters' started by MLenny, Jul 8, 2020.

  1. MLenny

    MLenny Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    Okay, this isn't describing a "real event", but a hypothetical scenario. Let's say this issue takes place in the State of Indiana.

    - Person A goes to a college away from Person B, a legal guardian who handles the finances. Same state, different cities. The two don't get along, and are legal adults.

    - Person A wants to cut ties with Person B. However, Person B loaned Person A a vehicle, it's under Person B's name, but Person A wants "no contact" with Person B. Person A decides money can't buy happiness. Person B will demand the vehicle back. Question is, does using a car shipping service count as "giving it back", or can Person B still sue Person A for unauthorized/wrongful use?

    - This leads to a second question, Person A is economically tied to Person B. Person B handles Person A's student financial aid, health insurance, co-signed for his apt, and etc., but Person A knows what he's losing and doesn't care. If Person A files a "no-contact" order against Person B, how would things like returning the loaner vehicle, or transferring all student debt responsibility to Person A work? I know Person B can just simply kick Person A out of his network. Basically, transfers of economic responsibility, liability as well as property transfer.

    - Person B will surely look for Person A, realizing that Person A is no longer returning his calls, texts, e-mails and etc., to attempt to "solve" the issue, and will very likely go to the police station of Person A's city of residence. Can Person A relay a message to the police station, a "Do not look for me" message directed towards Person B? This isn't asking about a "No Contact" form, but that'll be the next question.

    - Whether or not Person A gives the station the "Do not look for me" message to be forwarded to Person A upon initial contact with the precinct, Person B files a No Contact form. How do No Contact Forms usually work, process, and what sorts of proof may the authorities ask for?
     
  2. Zigner

    Zigner Well-Known Member

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    Since this is hypothetical...

    I predict that Person B and Person C will meet this afternoon outside of a closed Starbucks location, fall in love, and move in together in some far away state. Shortly thereafter, they will win the lottery. Person A and Person B will never think about each other again.
     
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  3. army judge

    army judge Super Moderator

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    There is nothing to be discussed pertaining to an event (series of events) regarding mythical people in a nonexistent locale.

    Thread closed.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Thread re-opened. Those who wish to engage in "what if" discussions are free to do so. :)
     
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  5. Zigner

    Zigner Well-Known Member

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    Define what you mean by "legal guardian". (The rest of my answers are based on the phrase meaning nothing, legally speaking.)

    Just give it back. There's nothing for B to sue A for that way.

    At this point, there is no reason to request a "no-contact order". You can't get one based only on what might happen.

    Leave the police out of your petty squabble.

    Even for a hypothetical situation, this question is too broad and requires far too much speculation on all the possibilities.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Please explain why A, an adult, is legal guardian for B, also an adult.

    Huh? "Giving it back" is not a term that has any legal meaning. As long as A returns possession of the vehicle to B, it doesn't matter how that is accomplished. As far as B suing A "for unauthorized/wrongful use," putting side the fact that anyone can sue anyone for anything, how could that be since you told us B loaned the vehicle to A?

    One person cannot "file[] a 'no-contact' order against" another person. One can apply to a court for the issuance of such an order, but nothing in your post suggests there would be any basis for such an order. You can't get one just because you don't want someone to contact you.

    It's also not clear what "transferring all student debt responsibility" means. You told us that "B handles Person A's student financial aid." Does that mean that B has co-signed for the financial aid debt? If so, then there is no "transferring . . . responsibility" for that debt. B will remain on the hook for the debt until it gets paid off. No lender is going to let B off the hook just for the heck of it. All that being said, if A seeks a "no-contact order" against B, then B will need to take up the various issues that might require contact and communication at the time of the hearing on the order.

    Most importantly, B ought to be consulting with an attorney about having the guardianship terminated. Similarly, the existence of the guardianship ought to be raised at any hearing on an application for a "no-contact order."

    We have no reason to believe that A lacks the ability to "relay a message." However, I don't know of any police department in the U.S. that will act as a message delivery service.

    Contact a local police department and ask.
     

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