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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31699
Experience:  JD, 16 years legal experience including family law
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I had piece of tree equipment which was financed. I live in

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I had piece of tree equipment which was financed. I live in Florida and I took this piece of equipment to Texas for hurricane Ike clean up. I left this equipment there so it could be used by others because I had to return to Florida. My son went there to bring the equipment back and it could not be found and no one knew where it was. My finances later took a turn for the worse and I did not make payments. I now have a hearing this week as a result of Writ of Replevin. I understand that I am reponsible for this debt however I do not have the equipment to return to the lender, I wish I did so I could be rid of this problem. I did not report it stolen (missing) because it was not insured anyway and it was crazy in Texas. I need direction. Should I hire an attorney to attend my hearing with me and do I have a defense? Will the debtor work out a repayment plan or am I going to jail? Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Thank you for contacting our JA team for guidance.

No. You will not be jailed for failure to return the property if it was stolen. While the fact that you did not file a police report could work against you, your intentions were good in trying to help after the disaster. An attorney may be able to negotiate a payment plan with the lender. Otherwise, it is likely they can get a judgment against you for the debt. I would retain an attorney to represent you at the hearing in this matter.

Please let me know if you need clarification by pressing the "Reply" button. If you press "Relist", I will not be notified that you have requested my assistance. .

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Tina G

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NOTE: This open forum is for educational purposes only and does not constitute legal advice. It is highly recommended that you seek representation by a local attorney for all legal matters. The state bar association can provide you with attorney referrals. Please remember that I cannot know what you know unless you tell me. There may be important factors that are relevant to your question that I am not aware of in your specific situation, but I will always do my best to be professional, courteous, and prompt.

Customer: replied 4 years ago.
Thank you. They have filed a final judgment. I don't know what type of attorney to contact here in Florida for representation. Please advise? I did not file a police report because I did not know when it went missing, or who was using it. I was dumb and trustworthy. It was my own fault and negligence for just leaving the equipment there. Everyone was just camped out everywhere and in FEMA camps. This occured 10/08.
Expert:  Tina replied 4 years ago.
I see. If you did not defend yourself in the suit, you need an attorney immediately to try to get the judgment set aside since the lender would have no reason to negotiate with you if they already have a judgment.

I would look for a civil litigation attorney with experience in such cases. The local bar association should be able to provide you with attorney referrals in your area.

I am sorry you find yourself in such a difficult situation after trying to help out.

All the best to you!
Customer: replied 4 years ago.

Hi, one more question. In otherwords they would not negotiate now since the final judgment has been issued? What about no policy report? I will contact the Broward Bar for an attorney name and hopefully they can represent me by Thursday a.m.

Expert:  Tina replied 4 years ago.
Unless the judgment can be side aside on some grounds the judgment will become final and they can attach your bank accounts to collect on the judgment IF they sued for money damages. You can explain why there was no police report but it might be more difficult to explain why you did not defend yourself in the first place when they filed suit.

Take care.
Customer: replied 4 years ago.
What type of attorney should I hire?
Expert:  Tina replied 4 years ago.
Civil litigation attorney.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31699
Experience: JD, 16 years legal experience including family law
Tina and 5 other Family Law Specialists are ready to help you

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