If I have worked for an owner operator for almost a year and he owes me over $7000, can I hold his truck until he pays me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have worked for an owner operator for almost a year and he owes me over $7000, can I hold his truck until he pays me?

Asked on April 24, 2012 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you hold the owner's truck without his permission, you are committing theft--you could find yourself in jail. (It's not just "any" theft--it would be a felony, since it's a motor vehicle.) Your employer could also sue you for the truck's value if anything happens to it while you have it.

If you have not been paid, the correct way to seek your money is to sue the owner in a court of law. If you can prove that you did the work and what you should have been paid, you should win. Once you have a court judgment in your favor, then there are a variety of legal mechanisms you could use to collect if still not paid--including at that time, potentially having a court officer seize the truck.

For $7,000, you'd be well advised to retain an attorney to represent you, though you could represent yourself if you don't want or can't afford a lawyer. (If the amount is less than the maximum threshhold for your small claims court, you could sue in small claims, which is easier for people representing themselves.)


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 with SHA-256 Encryption