Asked in Civil Litigation, Small Claims and Consumer Law for Oregon

Q: What can I do if I have title, registration,tags and current insurance on a truck but somebody has had the truck for 3yr

And has only done 6months work on it and has been paid $5500 and my dad recently past away and this guys wont give my dads truck back. What can i do about this. The truck is not his and hes being real rude since my dad has dies and my mom had all info and stuff for that truck

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Consumer Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If this fellow is still owed money for work he has performed on the truck, then he has a mechanic's lien on the truck and can keep it as collateral until he is paid in full. Then he has to release it, but technically only to the Personal Representative or Claiming Affiant of your father's estate - and that person is appointed by the court. Until then, no one, not even your mother, has the legal right to dispose or control your father's property (unless Mom was a co-owner or is also on the Title to the truck or the truck has a transfer on death clause filed with DMV. Problems? Review it all with a probate attorney. Good luck.

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