Do I need to sue in order to get my property back if it is being held for the alleged cost of repairs?
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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 12 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.
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