Tuesday, April 27, 2010

Legal advice on getting back personal property?

I shared an apartment with a friend, i was deployed on short notice and left my belonging and car with this personal while deployed the friend informed me that he lost the keys and the car dealer wouldn't work on the car without a Power of Attoney so I did a special POA for him to get maintenance done on the car once i found out he wasn't doing the right thing i revoke his rights and now he will not tell me where the car is located. What should I do nextLegal advice on getting back personal property?
Since you gave this person a power of attorney, any transaction he conducted with an innocent third party would probably hold up. This person had a responsibility to you known as a fiduciary duty in the law to conduct himself with honesty regarding anything he did on your behalf. You should bring suit against him for breach of this duty. Depending on the laws of your jurisdiction, you may have the right to conduct depositions and other discovery to determine what he did with the car. If the third party was in on the scheme, you may be able to get the car back through a claim and delivery action against him.Legal advice on getting back personal property?
I'd report it stolen for starters.





fs
Uh call the cops...





but i think there is more to this story because you would have already called the cops by now if someone refused to give you your car back.
Call the police, unless there is something else missing from your story. If you legally revoked his power of attorney, he wouldn't even be able to use that against you.
Ask this ';friend'; if he plans on stealing your car. If he says yes have him arrested for whatever charges the detectives think the evidence can support.





If he says NO he is not trying to steal the car, tell him to present it to you forthwith.





If no answer or intent is given, just call the auto theft division of your local police department, report it as stolen and give them the info. They will take it from there.
Report the car stolen and let the police find it. Maybe the thought of a crime will scare him into telling where the car is.
you are screwed... you gave him power of attorney so he could have and probably did sell your car...
Tell us the real story perhaps we can advice you but you left thing out
Report it stolen.
Call the cops.

No comments:

Post a Comment