the law "stole" my truck !!

[hikethemtns]

Bought an 02 used last year from an individual. The sheriff and a tow truck showed up and picked the truck up yesterday. "Apparently" someone before me had taken it to get a jake brake installed and not paid for it. A crooked process server swore he served me with papers 3 months ago and as a result i got a default judgement against me for 8000. 00 [didn't know a jake costs that much], attorney says it's an old trick when turning in false process service to wait past the 30 days one has to overturn a default judgement[ a judgement given when the defendent doesn't show] and then collect on the judgement when one cannot overturn it, because your past the 30 days. When i tried to pick the truck up they say they're now owed 14000. 00 because it took them so long to "find me" [my ph is listed in ph book] and if i don't pay in 10 days they are selling the truck, i tried to reason with them but they told me they have the truck and possession is 90% of the law and they're not budging a penny . Other people have told me they have also had trouble with this dealer. Would it do any good to write chrysler? Before i purchased the truck i checked and no leins were filed with the state DMV, not sure what i could of did differently. Any suggestions would be appreciated.

 

[wcjp]

Are you financing the truck? If so, your current financial institution should've done a lien search. Have thier lawyers fight it. What does your insurance company say about the legality and $14k bill?

 

[Nate]

That doesn't make much sense to me. Since you own the truck, and your not the one that incurred this bill, how are YOU responsible for it? Shouldn't the other guy have to pay?

 

[DPKetchum]

Unless financed through Chrysler they won't get involved.

 

[gsbrockman]

I would think you'd be in the clear if you had a good attorney with the ability to prove when the jake brake was installed AND establish when you took possession of the vehicle.



Greg

 

[Matt400]

Bought an 02 used last year from an individual. The sheriff and a tow truck showed up and picked the truck up yesterday. "Apparently" someone before me had taken it to get a jake brake installed and not paid for it.

What state is that? If the previous owner signed a work order then that would constitute a lien on the truck however... once the truck was released back to the customer with bill unpaid the lien is void. The lien grants the shop to keep possession until paid. If they let it go unpaid they have to sue the customer for payment. If it wasn't like this you would have repair shops all over the country steeling vehicles back for payment.



If your the owner and did not sign a work order for the work and the shop that did the work gave up the keys willingly to the previous owner without payment then for records sake I would make a stolen report with the sheriff's dept. who helped steel it.



The issue is with the previous owner and the shop and has nothing to do with you or the truck since it was not in the shops possession when the sheriff showed up.

 

[zstroken]

Sounds like a mechanics lien has been filed on the truck. It is on the truck, not the individual. Definately get your attorney involved.

 

[JWChessell]

Sounds like a mechanics lien has been filed on the truck. It is on the truck, not the individual. Definitely get your attorney involved.



DITTO! Assuming your initial post is the whole story and not merely part of it, NOW is the time to find yourself a lawyer. The longer you wait, the less likely it is that you will get all, or part, of your truck back.



Are you financing the truck? Other issues aside -- whether or not your financing company will help you fight the repossession/mechanics lien seizure -- the finance company will UNDOUBTEDLY seek FULL payment from YOU under the contract you have with them, regardless of whether you still possess the truck.



Start looking for a lawyer in the morning, if you haven't already.

 

[klenger]

It would seem that if you can show a bill of sale dated after the work was done, that any reasonable court in the land would not hold you responsible, but what do I know.

 

[dpuckett]

That's just the trick- finding a reasonable court. There are plenty of them out there. Just look in my area, and look up some old threads I posted in 2004.



One more reason I drive an old beater. No one wants it, not even me. But it is a shame you can get rooked by the law and no one can defend you. Speaking of defense, seek an attorney from outside the local jusrisdiction- halfway across the state if needed. The locals are all beer buddies once the gavel falls. Once exonorated, and you have your pickup back, I know some people with connections



Daniel

 

[bighammer]

Maybe I should become a judge. If you bought it and it had a clear title, they are SOL and owe you for your inconvenience.

 

[McLaughlin]

I feel for you. Sold a 02 Camero SS to an individual who wrecked the car and skipped town. Took about 3 months to find the car(police wouldn't help since there was a bill of sale - said it was a civil matter, couldn't repo the car since couldn't find the buyer, had to hire a PI who didn't find him either but did get me pointed in the right direction), the body shop said they were getting ready to file an "abandoned" car claim with DMV since they could find anyone associated with the car. The bill of sale with my address and the purchasers address was in the glove box. The body shop didn't have the best reputation so I wanted to take it else where but the shop refused to let the car off the lot unless I paid the "storage" fee (about $1000). Of course if they did the work there wasn't a storage fee. The insurance company wouldn't cover the storage costs if I took it to another/approved body shop. Had original body shop do the work, which was substandard as expected and the insurance company wouldn't back me up getting the work done right since the body shop wasn't one of their "approved" shops.



I learned alot in the whole process. Good luck and hope it works out for you.

 

[Cummins Cowboy]

if this is really the whole story I would sue the crap out of the people who took the truck, also if you financed the truck they will have something to say about it.

 

[fkovalski]

We'll see this truck show up on an upcoming episode of "Overhaulin' " bombed to the hilt!!



Seriously- hope you get it worked out.

 

[JMoberly]

I would make two phone calls. 1 to a lawyer and 2 to the local news. Good luck man!

 

[y-knot]

Sorry, but this story reeks of sour grapes. There has to be another side that is just as bold!

 

[RustyJC]

It appears to me that the seller either delivered a clear title to you at the time of sale, or he did not. If the state issued you a clear title, then a previous mechanic's lien should not apply. If not, then your recourse would appear to be against the seller. Either way, I'd get an attorney involved ASAP.



Rusty

 

[klenger]

$8000 for an EB? Sounds like a scam between the previous owner and the shop that installed the EB and split the $$$. I'd be curious to know when the EB was installed relative to the date of sale.

 

[ilovetrains]

does not make sense

As an attorney, this story makes no sense.



If there was a valid lien on the vehicle you could never have registered it with DMV on purchase. You could also never have gotten a loan for purchase.



A default judgement is against a person. That means the creditor had to know your name. If the name was different from the work order, then even an incompetant clerk at the circuit court would have seen this and judgement would not have been given. Furthermore the filing would have been fraudulent, meaning the filing attorney loses his liscence plus you have a seperate civil action against the filing party.



Something does not add up here.

 

[Murle]

Yea and he posted this April 2005 and has not responded since. This does not pass the smell test... .