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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25976
Experience:  18+ years of NYS litigation experience.
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A arizona tow yard recovered a stolen trailer of mine.

Customer Question

a arizona tow yard recovered a stolen trailer of mine. location to me was about 150 miles away. I have gone there twice to get my trailer both times with money in hand and both times the employees said our employer is gone out of town right now and that they could not release the trailer? what do i do?
JA: What state is this in? And how old is the mobile home?
Customer: its in Arizona and the trailer is a goose neck flatbed with two excavators on it which also belong to me. ive had the local police there involved also
JA: Has anything been filed or reported?
Customer: the local sheriff told me I could get it out. and he was there at one of the attempts
JA: Anything else you want the lawyer to know before I connect you?
Customer: the owner is clearly trying to keep my equipment?
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Did you also bring proof of ownership of the vehicle? Is the trailer being held as evidence in a criminal procedure? Have you been able to speak to the owner of the tow yard?

Customer: replied 4 months ago.
had ownership paperwork, the trailer and excavators on it were stolen. I was informed about the recovery and I've been there twice to get them. Both times I was told that the boss was out of town.
Expert:  Zoey, JD replied 4 months ago.

There's no question about the fact that you're entitled to your trailer. You can prove ownership, you're prepared to pay the fees. You even brought the sheriff. There does not appear to be any hold. That is, they are not just keeping it there for the police because it's evidence in some criminal case against the thief. If there was such an issue, you'd need a release from the prosecutor to get the trailer back.

I don't know what steps you've taken to reach the boss beyond the two trips. You need to find out when he's returning and speak to him to make arrangements. It's not clear whether you've done that, or whether he's deliberately ducking you to keep the trailer. It is conceivable that when stolen property lands at this yard, they won't release it without the approval of the boss.

If you've already ruled that out and you're certain that the tow yard is intending to keep your car, then your next step would be to retain a lawyer to take action to get your car returned to you. It may be as simple as having him write a letter on letterhead putting him on notice that he cannot keep the trailer and demanding that he turn it over to you by a specific date or you will pursue legal remedies. He want to file a writ of replevin, or you may have to sue. But in the end you should be able to get this trailer back.

Customer: replied 4 months ago.
I was hoping you could tell me what to file on my behalf. The simple thing but costly would be to retain a lawyer.
Expert:  Zoey, JD replied 4 months ago.

A letter from a lawyer would be simple, not costly and may be all you need. From there you could file a writ of replevin. Here the statute that sets out what you need to know.

Expert:  Zoey, JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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