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.
Trucks are being held hostage - need help
Discussion in 'Ask An Owner Operator' started by Big Regrets, May 27, 2011.
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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.
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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. -
-Steven -
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.
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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. -
SHC Thanks this.
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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. -
The sheriff told me I had as much right to his trailer as he had holding my freight
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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