My sister-in-law knows how to pick them. Long story short. She gets a home loan because dead beat has bad credit. She gets more than the value of the home and a check from from loan company goes into dead beats construction company account. She and dead beat go and buy a tractor($12500) in her name. Bill of sale in her name, tax bill in her name. Check to pay for it comes out of dead beats company account. Dead beat leaves her with a pile of bills and no way to pay but still has the tractor. She went to get the tractor today with Sheriffs Dept. in tow. Dead beat disputed it. Deputy say she can't get the tractor with out a court order. What next? Is she out of luck?
No, he's not slimey enough. You want one who people shit their pants when the secretary tells the target he's on the line.
I own a repair shop in fla If the person does not want to pay the bill, They can still get the car if they go to a bails bond. Then they must both go to a judge and let the judge make the decision. They will both show up cuz each has money invested. If one does not show up. The judge will still have to make the decision. Since you said it is in her name, I think it might work. Good luck
I just reread the post. To clarify in case it seems unclear, the dead beat is in possession of the tractor.
The reason the cop did not want to get involved in sorting out the discrepancy in who "owns" the tractor, that is why he referred them to get a court order. That way a judge can look through the paperwork and decide who should get the tractor. Make a note of who the officer was, just incase the dead beat damages it in the mean time.
We get a lot of these. The officer would not get involved because it is a civil matter. Are they married? If so then both have equal interest in the tractor which means either one can be in poss. of it. If they are not married and the tractor is titled in her name then she is the rightful owner of the tractor. With that being said her best course of action is to get a writ of possession from the judge. It's a simple thing and she just has to show the ownership papers to the judge, he signs it and then she gets an officer to go with her and she gets the tractor. The writ gives her legal right to be on HIS property to regain her physical poss. of the tractor. If the tractor is sitting on public property she can legally reclaim it without the writ. The writ just makes it so he can't try and have her arrested for criminal trespassing or anything. It also protects her from him saying the tractor is his and him trying to report it stolen. Hope this helps!
If the tractor is sitting out somewhere, I might consider paying a "recovery agent" to get it. They might also help you store and sell it. Assuming your sister doesn't need a tractor. STEVE
You always get more cooperation with a gun and a smile than with just a smile. As much as some people deserve that kind of treatment, I can't justify really even saying it. It has really been a moral dilema for me. The guy needs a mudhole stomped in his chest. The sister-in-law needs a slap in the face for falling for the loser. This is not the first time she got mixed up with this type of moron and left in debt up to her eyeballs. Oh well, thanks for the words of wisdom WERA BBS.