Quote:
Originally Posted by redspace
Ok so heres the story!
My father sold a 4 Wheeler to his friend on payments.
They agreed to keep the 4 Wheeler in my fathers name until the last payment was made.
Deal was verbal only, no contract on paper.
Sometime after the third payment My fathers friend Died.
The wife refuses to pay, make payments, or return the 4 Wheeler, and says Go Fuck Yourself.
Ok now keep in mind that the 4 Wheeler is fully in my dads name...
He asks two separate lawyers and they say your shit out of luck you can't retrieve the property.
- He was unsure if he mentioned the title part...
- Asked a local car dealership about the situation since their repo guy was not in and they said just simply go to her local police station and request assistance to claim the property, and if she does not give the property back on the spot she will be placed under arrest and booked for grand theft and you will still get your property back at that time.
Is there any truth to this? What do you suggest?
PA is the place of residence on both parties.
Thanks, Derek
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I am no liar/lawyer but play one on TV.
Title is in your fathers names. Your father needs to report to the police the 4 wheeler as stolen, and advise them where he believes it is to be found. Police will likely convince the property owner to give them access and visually confirm its there. Burden of proof is on her to show sheriff, and more importantly the Judge that is rightfully belongs to her or her deceased husband. Some may treat this matter as Grand Theft if its value is over something like 5000 USD.
Remember when you phone the sheriff, calls are recorded. Be careful what you say. In the same token, whatever they say or promise is now being recorded, and you can subpoena them for a audio transcript.
Bring copy of title/registration showing that your dad is owner. I suggest you also pull something from the internet, showing current value of the 4wheeler.
Best is to have a face to face chat with law enforcement, convince them to play tough with her, and see what happens. Be sure they know, you are taken notes, Deputy names, badge numbers, times, etc ... they tend to behave more properly with you, when they are aware of this.
Regardless if you take possession of the 4wheeler or not when the police are involved, demand a detailed report from them of what played out.
Hope this helped.