Do I need to sue in order to get my property back if it is being held for the alleged cost of repairs?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Do I need to sue in order to get my property back if it is being held for the alleged cost of repairs?

I am having trouble with an uncle and I, regarding my motorcycle that is still in debt to me. I have defaulted on payments but need to get it back from my uncle so I can sell it and settle with the collection agency. He is holding it for $1500 for work he claims he did to the bike. I need to get it back in order to fix my debt and be able to gain my security clearance for when I join the Navy next spring. It’s hard to ask the right question, in short, what do I need to do to get this fixed?

Asked on November 14, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your uncle is a licensed mechanic in the state that he did the work on your motorcycle, he can hold the motorcyle as part of his "lien" for servuces provided. However, if he is not licensed, he has no legal right to hold onto the motorcyle for money owed for its repairs.

Rather, his recourse is to return it to you and then sue you for what is owed. I suggest that you and your uncle reach a written agreement where you take possession of the motorcyle and you agree that so much is owed. You then work out a payment schedule to pay your uncle fo services rendered and pay him what is owed.

If you cannot reach an agreement, your might have to sue him for the value of the motorcyle.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption