Denver, CO asked in Criminal Law, Contracts and Civil Litigation for Colorado

Q: I am looking for advise on obtaining a court order for a civil standby to retrieve my Forest River Cedar Creek 5th Wheel

I am looking for advise on obtaining a court order for a civil standby to retrieve my Forest River Cedar Creek 5th Wheel.

I am in contract with an individual that has had possession of the 5th since 2011 and I have had to chase every payment.

He has breached the contract by not notifying my of its relocation as well as owing me over $5k in back payments.

I have had to do my own research to track him down and locate his current residence which is currently in Woodland Park, CO.

I have saved numerous texts and emails that show lack of trust and lies regarding when a payment is coming. At this point I am wanting to retrieve the 5th wheel (legally) and see about getting what is owed. I know in order to do so I need a court order to provide the local sheriff’s office there to be able to get a civil standby and hitch the 5th wheel out of there. Not sure if I can report it lost or stolen, since I’m not 100% sure it’s at that location due to the fact of lack of response from him.

1 Lawyer Answer
Kristina M. Bergsten
PREMIUM
Answered

A: You will need to file a breach of contract actions. I would recommend speaking to an attorney about this. You will not be able to report it stolen because you and this other person had a contract, thereby making it a civil rather than a criminal matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.