Need legal advise.

Since $1250 was owed regardless of her being the owner of the vehicle cops can't make you release the vehicle to her. Not even if she's not officially the owner and has an order for repo on it. Have gone through this at my family's business, customers drop off a car to get serviced and they then try to pick the vehicle up weeks after repairs have been finished. They add storage fees, then they always call the police, and they just come and say they can't do anything because the owner owes money to the business, has to be settled between us or take it to court. I'd believe it would have applied to this situation due to $1250 being owed for the service that was provided.

 

First of all it's a civil matter. The police have no legal stance in this and I would have not dropped the car without payment due to my possorary garagemens lien.

 

A mechanical shop that does authorized repairs can hold the vehicle for payment.

But when it comes to transporting a vehicle as a carrier and a dispute about transportation fees arises the police will give the vehicle to the title holder of the vehicle.

The police will tell you that the non payment for the transportation services is a civil matter.

If it was something other than a car then you could hold the product untill they paid you for the transportation of the goods.
I was transporting a vehicle for a customer and got a felling that they weren't going to pay me upon delivery.

So I called the police that had jurisdiction in that area.

The police stated that the only way they would not take the vehicle from me and give it to the title holder was to get a signed letter from the title holder. The letter would have to state that they(owner) would pay for the transportation fees before the vehicle was removed from the trailer.
I told the officer that I had a load confirmation sheet with the payment details but I was told the LCS was not going to cut it.
I called the customer and after a few heated phone conversations I got a signed letter faxed with a photocopy of their drivers license to check the signature.
That was my experience.

 

I have been repossessing and moving cars for over 30 years. I can tell you I have had the police called in both situations. I never dropped a car without payment in a situation where I questioned payment. If you have proper paperwork for the car you have possession. They would need to pay the bill or they would not get the car. Just my opinion.

 

That's the key word "Proper paperwork".
I

 

A Bol would be proper.

 

I might be a little rusty on this as it happened many years ago, but I was told by a lawyer that IF the bill was over 1000.00 AND the vehicle crossed state lines it was considered Grand theft of interstate services, (might have the wording wrong) at any rate, I would call a lawyer, and I wouldn't care if it cost me another 1250.00 at some point, she owes someone for transporting that car, she "bettered" her position, that has to be settled.

JMHO

 

Again. It's a civil matter. If not show me the specific statute. There are many cas law suits all over of cops demanding the release of property with no authority. It has gotten many police departments sued. Not trying to start a fight. Just saying what I've seen. What I've done.

 

For general freight yes it is.

 

Bottom line, you are looking for Legal advice on an internet forum. You need to see an attorney.