Q: If I have title and provenance to a vehicle, but someone has assumed physical possession, how can I get it back?
Bought an old, classic RV. Seller agreed I could leave it in his yard for some time to arrange transport. Agreed to keep my number in case it became a problem. I called in Feb to let him know I still did not know when I could get it. He said it was fine, to call when I could. I again asked him to save my number in case it became a problem. Went to pick it up 2 weeks ago and it was gone. He claimed ignorance and said he thought I had taken it already. I located it with someone "in" it, and called local Sheriff's to ask how to proceed. They investigated, said the "seller" had admitted to giving it away in exchange for some yard work after deciding it was "too long." Though I had title, the Deputy said I would have to go through small claims to get my money back. I do not want money back, but want RV. I have a local tow that will tow it even under these circumstances if I show up with title. What is the best legal way to proceed? Thanks-I know it is weird!
A:
You don't have a security agreement with the person who has possession of your RV now, so it appears that you don't have the right to self-help repossession. But if you have a tow company that will do it for you nevertheless, then more power to ya.
That said, you can anticipate that if you try to tow the RV away from the people who have it now, they may not acquiesce to your repossession. Meaning, they may object, and your repossession will not be able to take place without breach of the peace. In that case, you might need to file a claim & delivery suit to get a court order for possession of the vehicle. You could also add a claim for damages, if any were caused by the people who are wrongfully in possession.
As always, you get what you pay for. Make sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.
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.
