how do i retrieve my vehicle

UPDATED: Sep 30, 2022

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how do i retrieve my vehicle

i was suppose to recieve a vehicle in my divorce and have not recieved it

Asked on November 25, 2016 under Family Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the court ordered the vehicle to be turned over to you as part of your divorce and your ex-spouse has failed to comply, you can pursue contempt of court against your ex.
You will need to file an Order to Show Cause (court form) requesting a hearing for contempt of court.  Contact the court clerk to schedule a hearing date. 
In addition to the Order to Show Cause, also include a declaration signed under penalty of perjury stating the facts that the car has not been turned over to you by your ex.  You should also include any additional supporting documents that the car has not been turned over to you in support of your contempt of court case.
File all of the above documents with the court with a proof of service, and mail a copy of all your filed documents to your ex or the ex's attorney.  The proof of service verifies the date of mailing and provides notice of the hearing for contempt of court.
Before filing all of the above documents with the court, ask the court clerk if any additional documents are required to file in a contempt of court case because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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