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Thread: LEGAL ADVICE PLEASE

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    LEGAL ADVICE PLEASE

    Good Day

    I am in possession of a vehicle that was sent to me by the owner for repairs. I have spent a very substantial amount of money on this vehicle, which is now in full running condition. I now have this vehicle for the past 10 months. I have been trying to get a hold of the owner for the past 6 months but have been unsuccessful. I contacted a family member of his, but was told that she does not want and involvment in this as she also has personal issues with him. I went to his home address only to find out that his property has been sold a few months ago. I spoke to his previous neighbour and was told by them that they are also trying to contact him but have had no success in doing so over the past few months. They also have a vehicle of his in their yard.
    What can i do as i need to very urgently recover the money that i have spent repairing the vehicle.

    Thanks

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    Platinum Member desA's Avatar
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    Gold Member Houses4Rent's Avatar
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    I am not sure about your legal position, but do you maybe have something in your T&C that people must collect their vehicles in a certain time period failing with you can sell it to defray costs? Sounds like you really need a lawyer to clarify that. Alternative pay a small amount and have a tracing agent find him. I did that, found the guy owing me big time and while we were sort of working on a resolution the bugger died and I got nothing as he apparently has no assets.
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    Platinum Member sterne.law@gmail.com's Avatar
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    You have a lien on the goods, a form of security. Therefore client can't take vehicle till debt is paid.
    You can sue out on the debt and then attach the vehicle, you will need to know where he is.
    Some folks just sell vehicle. In theory any profit belongs to client.
    Selling has 2 pitfalls, if the vehicle is financed, then there is a competing interest.
    The second is the paperwork.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Quote Originally Posted by sterne.law@gmail.com View Post
    You have a lien on the goods, a form of security. Therefore client can't take vehicle till debt is paid.
    You can sue out on the debt and then attach the vehicle, you will need to know where he is.
    Some folks just sell vehicle. In theory any profit belongs to client.
    Selling has 2 pitfalls, if the vehicle is financed, then there is a competing interest.
    The second is the paperwork.
    Thank you for the advice. I will be seeing a lawyer today. Yesterday I apparently found out that this guy is very high in debt and has skipped the city as there are many other people looking for him as well.

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