Q: Can I reclaim a vehicle I loaned to a subcontractor who hasn't paid?
I provided a vehicle to a subcontractor under my name and insurance, with the understanding that he would pay it off. We have a contract outlining the payment terms, but he hasn't made any payments or complied with job contract obligations. Despite contacting him and the president of his corporation, my requests have been ignored. The vehicle is still under my name. Can I request the car back without involving the police?
A: You need to go before the court to reclaim your property from the contractor, as well as amounts owed. The police may or may not help if an agreement is in place. In Puerto Rico, self-help recovery is not permitted: you cannot take the property away from someone who is in pacific possession. Before doing so, I advise that you send a collection letter to the contractor, dunning for the amounts owed, by certified mail. Said letter should allude to the contractual agreement under which you provided the vehicle as well as the amounts owed to date. Specify a timespan (for example, 15 days) beyond which you'll seek legal remedies. You can retain the services of an attorney who may write and post said letter.
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