What can I do if my nephew is in jail and his vehicle is in a locked wrecking yard but the yard will not release the vehicle to me even though I am his power of attorney?
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What can I do if my nephew is in jail and his vehicle is in a locked wrecking yard but the yard will not release the vehicle to me even though I am his power of attorney?
The wrecking yard said they can only release the vehicle either to my nephew or a person on listed his insurance. Is this true?
Asked on December 6, 2014 under Business Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the power of attorney authorizes you to handle any matters, including issues relating to the vehicle, then this is not a true statement by the wrecking yard. If your power of attorney is not broad enough, you may need to have your nephew execute a new one. If your power of attoreny is broad enough, then ask local law enforcement to assist in a civil standby since the wrecking yard is holding property they are not otherwise entitled to hold onto. Sometimes law enforcement will be helpful--but it's a cheaper first start. If law enforcement gives you "this is a civil matter" line, then you need to have an attorney write a demand letter on your behalf demanding release of the vehicle.
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