QUESTION
How do I get a car back from a business owner in jail?
Asked on Oct 09th, 2012 on Bankruptcy - New York
More details to this question:
My dad had a person work on his old muscle car (bodywork and painting). Charged him money down to do the job. Needless to say the guy got arrested for aggravated assault a couple days ago. My question is what does my dad have to do to get his car back and can he get the money back?
7 ANSWERS
Lisa Hurtado McDonnell
He should be able to just go get his vehicle. If the compay does not want to return it then you should be able to call the police and show them that you own the car and you want it back. You should be able to request you money back since they did perform. If the company won't you can take to small claims for breach of contract.
Answered on Oct 11th, 2012 at 12:11 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the car is legally your father's (the title is in his name) and your father had pre-paid him for the work, your dad can go drive the car home. If he had not paid for the work, then your dad shouldn't do that or there is a crime called "removing personal property under lien" and your dad could get in hot water. If the guy had not done anything to the car, and the amount of money your dad gave this guy was under $5,000, then your dad can sue him in small claims court, and doesn't need a lawyer, in order to try to get his money back.
Answered on Oct 11th, 2012 at 12:11 PM
Assuming that incarceration precludes the other party from fulfilling the contract terms, then an action for replevin (i.e. return of property) is necessary to re-possess the car. A lawsuit would probably be necessary to get the money back. You may first try to contact the individual or his relatives and make arrangements for returning the car (and possibly the money). It is speculative to and fact specific whether you will ever get the money returned. Alternatively, the person may be able to complete the job if he will be released soon.
Answered on Oct 11th, 2012 at 1:34 AM
Ronald A. Steinberg
All he has to so is take the car back, but he will have to sue to get the money.
Answered on Oct 11th, 2012 at 1:15 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If he has the title, hire a tow company and go get it. If it is in a locked yard, call the police to arrange an escort. Getting the money back is you in small claims court and then try to get the judgment paid. He'll bail out unless his parole is revoked, then he goes to prison and all you might get back is the car if you move as soon as you read this.
Answered on Oct 10th, 2012 at 9:49 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The "business owner" has a lien on the car if he did work on it. If you can go to his place of business and get the car back without violence, do it. The lien will die a natural death. If you owe money, pay it.
Answered on Oct 10th, 2012 at 9:48 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The answer is a little more complicated than it should be It's called an action in replevin. He has to file papers with the court and get a court order allowing him to go on to this person's property and take posession of his vehicle.
Answered on Oct 10th, 2012 at 9:47 AM