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 6 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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