I had a prior working/leasing agreement with another party who was using my authority. They were to reimburse me for any expenses incurred from their usage. To make a long story short, I found out they were pretty shady, and cut them off. Well, they have a few containers and chassis that they took out under my authority before I cut them off, and are not returning them to the terminals and chassis companies. They are not answering my calls and shut off their emails. At this point, would that constitute theft and a crime? Have any of you experienced anything similar?
Have any of you had equipment not returned by someone you no longer work with?
Discussion in 'Intermodal Trucking Forum' started by justkeepswimming, Oct 22, 2021.
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Methinks you need to call a lawyer and talk to them.....now. No really you need to get on the horn right now and get actual legal advice if everything is as you said. You also need to contact insurance and inform them of the situation.
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I actually spoke to a lawyer a few days ago. I was receiving tons of detention bills from their usage and the attorney filed paperwork against them for the payments due. I didn't realize they still had equipment out under my authority until a few hours ago though. I received more notices and found out there is equipment that has not been returned yet. I'm going to be speaking to my attorney about it tomorrow, but am just pretty annoyed at the moment that people actually would do stuff like that.
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beastr123 Thanks this.
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The crazy thing is that it's not my equipment. These containers belong to the shipping companies and the chassis belong to the chassis leasing companies taken out under my authority. They are purposely not returning the equipment out of spite.
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Well if your responsible for them its the same thing in this case. That said id call the company they belong to as well then. Not sure what else to tell ya though. Im a one man O/O so my experonce is limited with this kinda thing. Maybe @D.Tibbitt would have a better idea? He has been around the forums a lot longer then me.
D.Tibbitt Thanks this. -
Oh yeah. I get it's my responsibility. I'm going to see what the attorney says, but at this point, I'm guessing I will end up filing a police report. And I will probably let the equipment company know as well. I'm hoping the added legal pressure will entice them to just promptly return the equipment and stop playing games.
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Oh. I have witnesses, so hope that holds up
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Ok, first you will likely not get anywhere by claiming theft. After all they had your permission to move them. This is simply a contract violation. You did have a contract right?
Unfortunately this is one of those times being an owner sucks. You can try suing, but you still need to get that equipment to the terminal. You'll have to hire someone to get them or go get them yourself so it's not costing you more every day/week.. Then worry about money owed to you later by adding to what the lawyer is suing for.
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