QUESTION
If a person abandons a trailer in my driveway, does he have the legal right to it over a year later?
Asked on Sep 04th, 2011 on Civil Litigation - Georgia
More details to this question:
My band borrowed a 6'' covered trailer, and realized the tag was expired, so the owner said park it in my driveway and he would come get it. I reminded him several times and he said he was going to get it but never did. It has been 14 or more months and i told him i sold it(which i planned to...but it has not sold yet) He is now suing me for the trailer- he wants it returned in the exact condition he left it in,plus the court fees. Do I have a right to storage fees? And can he win? I have offerred him the trailer back but he wont take it without the court fees he paid.
1 ANSWER
Taxation Attorney serving Coronado, CA
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You may be entitled to counter sue for storage rental fees for the time in which the trailer was left on your property. If you had requested that he come remove the trailer and you have documentation of this, this would be beneficial to your case. You are entitled to be repaid for the inconvenience of leaving the trailer on your property for such a significant amount of time. This would be under the same terms of renting the property in which to store the trailer.
Your best course of action now is to file a counter suit if a suit has already been filed against you and force the plaintiff to decide if the court fees are worth pursuing the entire action.
Answered on Sep 07th, 2011 at 12:36 PM