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xavierjd
xavierjd, Attorney
Category: Legal
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Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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what is our recourse when we let someone test drive a truck

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what is our recourse when we let someone test drive a truck and they will not return it. How can we file a stolen vehicle reort that we can then give to our insurance company?
Submitted: 3 years ago.
Category: Legal
Expert:  xavierjd replied 3 years ago.

Thanks for using JustAnswer.com

 

Was the truck for sale?

 

How long has it been since the person has not returned the truck?

 

Did you get a copy of the person's driver's license or any other information regarding the person, such as name, address, phone number?

 

Thanks

Customer: replied 3 years ago.

Yes, the truck for sale. The truck has been gone 10 days. We know their address and phone number, drivers license number, social security number. It is in Henderson county TX, Our office is in Tarrent county TX.

We found out that the man is on probation for armed roberty. This make us a little concerned about just how to proceed safely without help for authorities.
Expert:  xavierjd replied 3 years ago.

Thanks for the information.

 

It is VERY important that you make a police report to the Tarrent County Sheriff's Department. There are a number of reasons to make this report:

 

1. If you KNOW that this person has the truck and the truck is used in a crime, it is POSSIBLE that you could be held liable for any damages that result from the crime.

 

2. It is POSSIBLE that if you KNOW that this person has the truck and KNOW that s/he has a criminal history, you need to protect yourself from any possible link between you and the person. If s/he commits a crime, you don't want to be even questioned as to your knowledge of any involvement.

 

3. If you report the truck as stolen, the police (sheriff) can put out a BOLO (be on the lookout for) the truck. Also, the license plate can be reported as stolen along with the truck. If the plate was switched to another vehicle, the police agency may pull the vehicle over and either ticket or arrest the person driving the vehicle. If the plate is still on the vehicle, then it will make it easier for the police (sheriff) to find the vehicle.

 

4. You need to get law enforcement involved for your own safety. If you don't, there is nothing to stop the perpetrator from coming back and trying to do it again, or forcing you to give the person a vehicle. Law enforcement can do drive by's of your office, etc. to make sure that their presence is known. Also, it is very important to provide law enforcement with the name, address, phone, etc. that you were given. It is possible that the information given to you was false or was stolen from someone (identity theft. If the information was valid, it will certainly assist law enforcement in catching the perpetrator.

 

Once you make the police report, you can contact your insurance company and make a claim. You will be able to provide a copy of the report to your insurance agency and any other pertinent information that you may have. The insurance company will most likely contact the law enforcement agency and also conduct its own investigation. The time frame for being able to collect on your policy will vary. The company may want to wait a period of time to see if the vehicle is recovered, may want to take a recorded statement from you, and seek to follow up any other information that you have on the perpetrator.

 

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
We went to the police and they stated that since we gave them the keys, the truck cannot be reported as stolen. We were told that we might be able to get writ of repleven. They the sherrif will help us. Can you do this writ for us.
Customer: replied 3 years ago.
We went to the police and they stated that since we gave them the keys, the truck cannot be reported as stolen. We were told that we might be able to get writ of repleven. They the sherrif will help us. Can you do this writ for us.
Expert:  xavierjd replied 3 years ago.

Thanks for "accepting" my answer. The rules of JustAnswer prohibit me from giving you legal advice. I can only give you information or educate you on issues related to your question.

 

Also, I am sorry that the sheriff would not take a report. It is odd because even though you gave the keys to the individual, it was only for a test drive. The individual was certainly not given the right to keep the car. You (and you were smart to do so) took the person's information. I am certainly in no position to question the sheriff deputy that you spoke to, but you may wish to speak to a supervisor regarding your situation. Maybe there was a miscommunication, and even if not, the supervisor can explain the specific reasons that you cannot report the vehicle as stolen.

 

However, below please find the Texas statute regarding replevin. As you read down the statute, it will tell you what you need to do and what information you need so as to get the writ of replevin.

 

http://www.legaltips.org/texas/cp/cp.003.00.000061.00.aspx

 

You may wish to speak to an attorney who specializes in civil law regarding the writ of replevin. Sometimes, an initial consultation is free. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. You may wish to retain the services of an attorney, or you may wish to proceed on your own. However, you may wish to obtain an initial consultation.

 

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 8 other Legal Specialists are ready to help you

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xavierjd
xavierjd
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20+ yrs in criminal, landlord/tenant, family, & small claims