How do I get my property back from a relative? Posted on July 27, 2011
I loaned my son in law money to purchase a commercial reefer trailer for his trucking business. He later pledged it as collateral on a credit card bill which I added him as an authorized user on. In January 2011 my son in law listed the trailer for sale to pay his bill. The trailer was taken to his uncle to look at for possible purchase. His uncle has taken the trailer, put new tires on it and made other repairs without authorization. He refuses to return it and won't let us pick it up unless we pay him for the repairs and tires. My son in law filed theft charges but the trailer was neither seized or returned to us and we are now told we have to wait until the trial to get our property back. We are told he intends to do damage to the trailer (burn it) when he is no longer able to use it. We have now lost a $6500.00 sale on the trailer, the credit card payment is due which it was being sold to pay and the relative is still using it for financial gain when the monthly rental value is over $1000.00 a month. We are told a judgment can be entered if he does damage but a judgment is worthless since it is noncollectable (he has many against him now). How do we get our property back now, unharmed and what else can he be charged with? Since the trailer was pledged as collateral to me can I charge him with something also ?
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