Need legal advise.

Discussion in 'Car Hauler and Auto Carrier Trucking Forum' started by Mash, Apr 1, 2016.

  1. Terry270

    Terry270 Road Train Member

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    File a lien on the title and after that's done call to let the customer know you have a lien. I wouldn't put anymore time into it other than that. There is no way in hell that you should have turned that vehicle over without cash in hand. Cop is an idiot too because this is a civil matter. In some states theft of services is an arrestable offense!

    God I sure am glad I don't have to deal with this anymore, since I no longer mess with POV's
     
    Last edited: Apr 2, 2016
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  3. Ziggy319

    Ziggy319 Medium Load Member

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    I do agree with speak with an attorney. The cop was out of line and in a legal term. He went beyond the color of blue. He took away your rights and a good lawyer will exploit that.
     
  4. Mash

    Mash Bobtail Member

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    There are many interesting suggestions here. Thank you all. The only thing i won't do - hire an attorney. Last time we hired one it cost us over 5K and we ended it after receiving a bill for over 2K for some other attorney in the same firm reviewing the case a year after it started.

    I have a page open for filing a complaint on my computer, just need a report to proceed. If not the ####### that called police, maybe the cop or the department will pay. I have a few thousands of vehicles that i processed but this case makes my hands shake. Too bad it happened across the country and they threatened to arrest the driver. I'll try to fight the system, but i will not pay a lawyer $300-400 per hour considering i just replaced a turbo and have another truck sitting there with a 25K engine rebuild.
     
  5. DUNE-T

    DUNE-T Road Train Member

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    Under 2k claims go in small court, there is no lawyer needed
     
    KANSAS TRANSIT Thanks this.
  6. Mash

    Mash Bobtail Member

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    Small court is my choice, but i also would like to punish illegal actions.
     
  7. DUNE-T

    DUNE-T Road Train Member

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    For moral satisfaction?
     
  8. Mash

    Mash Bobtail Member

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    Moral satisfaction would work as well. But in my case not only i get my money, i will punish scumbags. Good for the industry.
     
  9. G/MAN

    G/MAN Road Train Member

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    If you plan on filing a lien on the car, you may first need to obtain a judgment. It would be worth at least talking to a lawyer before proceeding. You may also need to file in the jurisdiction where the activity occurred. If you are a member of OOIDA, they might be able to advise you as to how to best proceed. Some lawyers take cases on contingency. If you file suit and are successful, the defendant is usually liable for all court costs and legal fees. I never hauled a pov without either the customer paying up front or COD with guaranteed funds or a cash.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    I've done this before not with a car but a truck that was transported from California to New Jersey, the broker took the money and left my driver holding the bag. The cops demanded that it come off the trailer and my lawyer told the cops to stick it because it now has a lien on it and will go into storage until the bill is paid. The cops threaten the driver with an arrest and we had to call the county in the state and talk to the prosecutor's office to get this straight. Lawyer pointed out that this is interstate commerce, not a local tow company and the person who arranged the load is the legal responsible party not the owner when it comes to third party logistics. He also told the owner that until the bill is paid, it will remain in our care in storage, it is his problem to deal with the broker. It took three months to get it straight and the owner had to also pay for the storage fees. By the way he tried to take us to court, the judge said too bad we had it for no payment under the law so pay the bill.
     
  11. formerdriver2

    formerdriver2 Bobtail Member

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    That's a civil matter. A real police officer wouldn't have got involved with it
     
    Ziggy319 Thanks this.
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