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Member
Posts: 25
| Asking for a friend who doesn't have BHW..
about 2 years ago some people from NC or SC brought her dad a trailer that needed the roof, mangers, inside and hay rack all rewelding because it was solo trashed, anyways he done the work, well they never paid him. So he's had the trailer for about 2 years now and never seen the money.
Finally a couple months back he sold the shop he works at and bought a new one in a different county, called the folks told them they needed to pay and come get the trailer he was moving, they never did. Well finally he just said screw it and told them to come get the trailer and don't worry about what they owed, he just needed it moved. Well months went by and they never came to get the trailer!!! Now the daughter wants to use the trailer, fix up the LQ and have it as her big show trailer. Everyone keeps telling her after 2 years theres not way they are coming to get it, all the fees they would owe her dad for storage, the work he done etc. but of course she wants to do the right thing.
How would the daughter go about getting the title for the trailer? The dad really doesn't care much to do anything with it. Says he doesn't "do" horses. She's talked to police and they told her to send a abandonment letter and that she could get the title then, but I'm not sure if she has a current address or even an address at all. The trailer has a Arkansas permeant tag on it.
They haven't seen the people with the trailer sense they dropped it off 2 years ago LITERALLY 2 years now maybe even a little more.
Mind you all, this is a 4 horse exiss with a small 06' LQ and the dad has redone everything so it is in great shape. The LQ needs to be gutted but i just don't see why someone would abandon a decent trailer. The trailer is currently sitting at her property.
Any advice??? |
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 Porta Potty Pants
Posts: 2600
  
| Check with your state's motor vehicle division. |
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 Fact Checker
Posts: 16575
 
Location: Displaced Iowegian | First, since it has AR plates, I would call the Arkansas DMV to check that the people who brought the trailer for repair were ACTUALLY the owners of the trailer. I would, then, file a Mechanic's Lien on the trailer for the cost of repairs and labor. You would need to check with the current state to see how many days you have to hold the trailer after notifying the owners of the ML before you can sell (or take possession) the trailer. |
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Regular
Posts: 89
| NJJ - 2018-01-14 3:29 PM
First, since it has AR plates, I would call the Arkansas DMV to check that the people who brought the trailer for repair were ACTUALLY the owners of the trailer. I would, then, file a Mechanic's Lien on the trailer for the cost of repairs and labor. You would need to check with the current state to see how many days you have to hold the trailer after notifying the owners of the ML before you can sell (or take possession) the trailer.
This is what you have to do Tennessee. You will also need to run an ad in a local newspaper for 2 consecutive weeks. Then take proof that you tried to notify the customer via certified mail, and along with copies of the ad, and repair and storage bills. You can then have it put in your name or hold an auction for it in order to recoup your loss. hth |
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 To the Left
Posts: 1865
Location: Florida | Have it weighed and tag it as homemade. |
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Location: Not Where I Want to Be | Vickie - 2018-01-14 8:40 PM Have it weighed and tag it as homemade.
a spectacularlly horrible idea.
But if you do it, please record for prosperity |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | I would make darn sure the trailer is not stolen befor I did any thing with it. |
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| Southtxponygirl - 2018-01-14 7:16 PM
I would make darn sure the trailer is not stolen befor I did any thing with it.
THIS. I would have your local police force out to look at the trailer for a VIN inspection, find out who owns it and/if they “surrendered” the trailer, and exhaust literally ALL of your options in trying to contact the owners before you haul it. Unless you have the title and registration, it is legally still theirs, and you are legally not allowed to be hauling it. Unless there’s a bill of sale or something, it is not yours just because it is still on the lot. |
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 Expert
Posts: 3815
Location: The best kept secret in TX | We've put mechanic's liens on trucks and other motor vehicles that "friends" never paid my husband for the work he did on. Very simple. You get your money fast.
Call the Arkansas DMV and ask for the steps to find out if the trailer was stolen.
Once it clears, put a mechanics lien on it and send the papers to the last known address of these people.
Once the 90 days run out with no word from the previous owners, the trailer is the mechanics and the title will go into the mechanics name.
If they do respond be prepared to present receipts and proof of work that has been done on the trailer with an itemized list of all work and pricing. Include storage fees. Present this to small claims court and the owners will have the option to purchase the trailer back for this price or give the trailer to the mechanic. (If they cannot pay out of pocket for the trailer, their wages will be garnished. If they do not have a stable income this is not an option.)
Transfer the trailer out of the mechanics name and into your friend's name and pay your taxes for the trailer.
Edited by IRunOnFaith 2018-01-15 4:37 PM
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Member
Posts: 25
| UPDATE!!!
Okay!! So, she called the police out today and they ran the vin, it's not stolen she got a name and address and she is going to send them a bill. Regardless though, at $50 storage fee she would owe 18k for one year, not including the 2nd year and the work he done.
The cop literally told her there's no way the people are coming to get it, that he would just sell it without a title, and write a bill of sale.
It's not stolen and that it's been well over enough time for the people to come get esp considering the dad has told them too. He even called his supervisor and he said the same thing. He did say to run it in the paper so she did do that this afternoon as well.
She made an appt with a lawyer tomorrow morning just to DOUBLE check. The cop was very nice but he isn't a lawyer and I'd hate for my friend to sell this trailer and it blow back on her and the cop be no where to be found so lawyer it is. |
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Fact Checker
Posts: 16575
Location: Displaced Iowegian | chandler321 - 2018-01-15 4:56 PM UPDATE!!! Okay!! So, she called the police out today and they ran the vin, it's not stolen she got a name and address and she is going to send them a bill. Regardless though, at $50 storage fee she would owe 18k for one year, not including the 2nd year and the work he done. The cop literally told her there's no way the people are coming to get it, that he would just sell it without a title, and write a bill of sale. It's not stolen and that it's been well over enough time for the people to come get esp considering the dad has told them too. He even called his supervisor and he said the same thing. He did say to run it in the paper so she did do that this afternoon as well. She made an appt with a lawyer tomorrow morning just to DOUBLE check. The cop was very nice but he isn't a lawyer and I'd hate for my friend to sell this trailer and it blow back on her and the cop be no where to be found so lawyer it is. Good thing that she is going to a lawyer.....there are LEGAL ways to do things even if it is "abandoned", which it isn't. You know the name of the owners so it is NOT abandoned and you can't just "sell" it ...... Yes, you need to post it in the paper (after you file a mechanic's lien) but you also have to show that you notified the owners via certified letter....phone calls don't count.
Edited by NJJ 2018-01-15 5:10 PM
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Trailer abandonment