Quote:
Originally Posted by marcop
Why don't you consult a lawyer instead of GFY? Or maybe your "dad" could?
What did he say to you, "Could you start a thread on GFY, sonny, and ask what the trolls there think of my legal standing in this situation"? Yeah, that totally makes sense.
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He did consult two lawyers. They were worthless. I took the get some free advice from my peers route. I Do know that there are some lawyers on here as i read on here a lot.
Quote:
Originally Posted by L-Pink
Just make a new one. |
Thats the 4wheeler in question! Do you know where this photo was taken?
Quote:
Originally Posted by _Richard_
well i think you just explained why there is a need to create a police report then. I am not sure you can even transfer the title without her signing it
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Yeah they both would need to be present for the transfer. I'm gonna try to get everything done in one trip as the 4wheeler is located 3ish hours away.
Quote:
Originally Posted by NALEM
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. |
thank you! This helped a lot, along with reply's from other peers. I will be using a lot of what you just said in the game plan i am making to retreive the property.
Quote:
Originally Posted by xenigo
This is a simple situation. Your dad owns the vehicle, so he can either take her to small claims court and get a civil judgement to have the property returned... or he can bypass small claims and have the sheriff help you reclaim the property.
My dad had to repo a car that was fraudulently financed by his dying mother for her caretaker (elder abuse)... he simply marched into their garage and said "I'm here for the car. Give me the keys NOW." They handed over the keys... and he drove it away. Simple...
Just don't get shot doing it.  |
Yeah i'm gonna take the route of bringing the cops along. I'd rather it just be an open and shut peaceful tranfser of property in the rightful owners hands.
Quote:
Originally Posted by ThunderBalls
You're all making this waaay more difficult than it needs to be. If there is no contract and the title is in your dads name just go take the damn thing back and be done with it. What's she going to do, call the cops and say you stole it?
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When we're there she can just tap the cop on the shoulder instead of picking up the phone to call them.
Quote:
Originally Posted by DBS.US
You do know if she has an accident in the truck and hurts someone your father could be held responsible?
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This is what i'm most worried about.
Quote:
Originally Posted by keysync
As a motorsports shop owner.. This is what your options are.
It costs $75 to file a court claim for judgement.
Go to your local county court clerk and tell them what's going on if the cops won't help.
She's just being a bitch and not a very smart one at that.
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We are going to go the cop take along route. If she wants to go to court that will be on her.
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Thank you to everyone who provided input and advice on this matter. I really do appreciate it.
I will update what has happen when the property has either been retrieved or by some retarded gangster shit has been given to her for free.
-Derek