Trucks are being held hostage - need help

Discussion in 'Ask An Owner Operator' started by Big Regrets, May 27, 2011.

  1. Big Regrets

    Big Regrets Bobtail Member

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    May 27, 2011
    Hilliard Ohio
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    We contacted state highway patrol, who told us to go to our local police department, who told us that it was not a criminal matter that we would have to go through civil court.

    We were emailing back and forth yesterday and I asked him several times to give us information as to the location of the equipment and how to contact the driver. I even told him that we really didn't want a big legal battle, that we wanted our equipment returned and to settle up financially and he refuses to cooperate.

    We forwarded all the information to our attorney so hopefully he will be able to locate the equipment before it is destroyed.

     
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  3. SHC

    SHC Spoiled Rotten Brat O/O

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    Feb 26, 2011
    Westville, IN
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    Good, sounds like you are back on track of things. This is also the reason why most leasing companies require the lesse' to have physical damage coverage thru the lessor's chosen company. Most include the insurance in the lease payments for just such a reason.
     
  4. chasendreams

    chasendreams Bobtail Member

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    May 14, 2011
    savannah,ga
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    thats the point of a lease, if no payment is made , you can pick up the equipment without long drawn out legal battles of repossesion. first off if you were going to let the guy run the trucks, the money should have been sent to you and then you gave him the balance after deducting your payment.

    did it ever occur to you there was reason this guy could not get financed? apparently , now you know why. but either you have informed the police wrongly of the circumstances or their is a complete misunderstanding of the situation.

    if you drew the lease up correctly, you can demand the return of the equipment immediately upon non-payment and have them recovered. the mistake was in letting it go on for months with no payment, basically you guys got screwed by a con man who promised you big money in trucking.
     
  5. ZVar

    ZVar Road Train Member

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    Sep 10, 2010
    Flint, MI
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    No offense, but this didn't throw up all sorts of red lights? Did you think he was going to treat you different than every other creditor he's delt with?

    -Steven
     
  6. rachi

    rachi Road Train Member

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    SoCal
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    subscribe to dac long enough to ding him good. Then at least he probably wouldn't be able to drive as a company driver. That would be some sweet revenge.
     
  7. Kansas

    Kansas Road Train Member

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    Apr 14, 2009
    aircap, Ks.
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    Go get your #### trucks, what are you waiting on LOL?
     
  8. RedForeman

    RedForeman Momentum Conservationist

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    Jan 30, 2011
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    You'll have to be your own repo man or hire one. It's not a criminal act until you can establish the agreement was made with the intent to take the equipment (theft by conversion), and proving that is a waste of time unless vengeance is your thing.

    Hopefully you know a little about the "business" you invested in to know where to start looking. A local attorney can tell you what sort of paperwork you need to have on you when taking possession of your equipment, or a pro you hire will tell you.
     
  9. BigBadBill

    BigBadBill Bullishly Optimistic

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    Oct 2, 2010
    Chattanooga, TN
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    If you do things correctly, it takes very little effort to recover your freight when held hostage. Not sure why guy was not arrested. Hardest part is finding freight.
     
    SHC Thanks this.
  10. Krooser

    Krooser Road Train Member

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    Jul 25, 2010
    Wisconsin
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    The sheriff told me I had as much right to his trailer as he had holding my freight... he said they would never have charged me unless I refused to surrender his trailer to him.

    I had all my ducks in a row... dispatch logs, a signed copy that he accepted the load, a agreed upon delivery date, a signed trip lease agreement, etc.
     
  11. FLATBED

    FLATBED Road Train Member

    The sheriff told me I had as much right to his trailer as he had holding my freight:biggrin_2559: Who was the sheriff, ANDY GRIFFITH. Gee wonder how many times what a sheriff tells someone gets overturned in COURT.

    They do not make the laws they only ENFORCE them , theft of a TRAILER ( that you do not have the right to touch ) regardless of who owns the freight is illegal.
     
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