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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 21338
Experience:  13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My son bought a home in Arkansas 5 years ago. The gentleman

Customer Question

My son bought a home in Arkansas 5 years ago. The gentleman that used to own the home left a truck (a classic) in the garage. My son, over the years, has asked him repeatedly to come and get the truck, and has been answered with various excuses. what are his options for having the truck removed without being accused of "stealing" someone else's vehicle? OR is there a way he can have the truck towed to this man's residence and make him pay the towing (this home is 20 miles out in the country making this man's home about 40 miles from where the truck is now, ergo...a bit of a towing bill)
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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What son is running into here is a "bailment" problem. When the seller left their property at the address after the sale with the promise of coming to get it, he created a "voluntary bailment" with son being the "bailee".
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A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.
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In order to legally terminate the bailment, son have to give written notice to the bailor at their last known address. I would send it certified mail as well as first class mail so you have a record of the mailing. State that he is are terminating the bailment and the bailor has 7 days to remove the property or he will consider it abandoned and dispose of it. On day 8 if it is still there, he can dispose of it as abandoned.

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This is the general bailment laws under universal contract law so AK doesn't have a specific statute that can be referenced. But as long as he gives proper notice to either claim the vehicle or it wll be considered abandoned, if the owner doesn't come get it, son can dispose of it however he chooses.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


 

Barrister, Attorney
Category: Legal
Satisfied Customers: 21338
Experience: 13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 20 other Legal Specialists are ready to help you
Customer: replied 11 months ago.
my son has a good point...what good is a classic truck if he does not have the title to it. IF he ends up taking possession of the vehicle, is there any way to have it put in his name? this may be why Scotty does not come and get it...what can Travis do with it???? I have to run some errands so I will not see any reply for a few hours...ergo: have a cup of coffee..relax...then answer (lol)
Expert:  Barrister replied 11 months ago.
Agreed. But, I thought that the objective was to get rid of the truck, not keep it and title it in his name. Once it is considered abandoned, he can sell it for scrap, or sell it to anyone who wants it and let them deal with trying to get it titled in their name. If the goal is just to get rid of it, then that would be achieved. If he is trying to get it titled in his name, then that may be a lot more difficult. He would have to contact the DMV to see how to go about getting a new title for an abandoned vehicle...
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Thanks
Barrister
Customer: replied 11 months ago.
OK, thanks...I never dealt with this before, and always thought that even when you sold a car for scrap you still needed a title. (so...if I get mad at the ex, I can sell his car for scrap? don't they want something?) I am going to tell Travis to have a local attorney do the letter sending etc. so there is a good record of all of this...could the former owner report it stolen or anything like that? I am thinking a local attorney...don't you agree? thank you for your help...at least we know what the options.
Expert:  Barrister replied 11 months ago.
As long as son formally notifies him that is he doesn't come get it within 7 days he will consider it abandoned and dispose of it, he can just call a towing service to come and get it and tow it away for free. Towing companies have special rules and can then either scrap it or apply for a title to sell it after they have held it so long and notified the owner.
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But no, it isn't stolen since he is being given an opportunity to come get it. If he doesn't then he will be considered to have abandoned it. That is why you want a papertrial, either from an attorney or via certified mail so you have proof you gave him a chance to come get it.
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Thanks
Barrister
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