I have a truck on my property that has been there for 2 yrs not in my name but what are my rights?

by **montgomery69** » Sun Apr 22, 2012 3:48 am

My husband agreed to do some work on the truck the guy dropped it off and he has only heard from him once in 2 yrs, he wants his truck but doesn't want to pay the bill. He has tried contacting him several times and gets no response. would he get into trouble for scrapping the truck since it has been on my property for 2 yrs

by **warton26** » Sun Apr 22, 2012 3:49 am

Call your local police and ask them these laws very from state to state

by **clem84** » Sun Apr 22, 2012 3:50 am

Seems abandoned... Asking on Y!A is not the best idea though...
We don't know the laws in your area...

by **adusa37** » Sun Apr 22, 2012 3:52 am

Call the local law first. To me, he abandoned the property and you can dispose of it. But, call the local law to be sure.

by **chozai65** » Sun Apr 22, 2012 3:54 am

Call the local law first. To me, he abandoned the property and you can dispose of it. But, call the local law to be sure.

Your husband needs to file a mechanics lien berfore he can do anything. have him check with the county clerk.or a title services company he or She can point him in the right direction. He will also have to send the owner of the truck a certified letter RRR telling the owner how much he owes your husband. storage charges can be added to the total. let the letter explain when the truck was ready to be picked up by the owner and how long the owner has to pay for the repairs and pick the truck up before possession proceedings start. to document how long the truck was left with your husband he should notify the police that the truck was abandoned on his property. and fill out a police report. If the trucks owner does not dispute the lien the title will be turned over to your husband and he can then do as he wishes with the truck. Actually it would be easier if your husband just took the truck owner to small claims court (depending upon amount owed) and get a judgement against the trucks owner. With the judgement your husband can get a wage garnishment against the truck owner or attach his checking and bank accounts. He could even put a lien on the guys house one he gets the judgement.

by **lalla3** » Sun Apr 22, 2012 3:58 am

Though we don't know your state, your husband can not just scrap it in any state without following certain guidelines. At a minimum he would have to give written notice to the owner of the outstanding debt, and offer a reasonable amount of time for the owner to pay the bill and get the truck back or that the truck will be disposed of and any proceeds applied to the outstanding debt.

The past 2 years don't come into play at all. Things will start when he takes the first legal step to perfect his lien on the vehicle and follow the proper disposal steps.

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