STRANGE BUT TRUE

STRANGE BUT TRUE

I know a farmer that sold all of his land, shortly there after all of the farmers around noticed that he was moving a lot of farm related items around. He moved some to a nearby friends place, then he moved some more to another nearby friends place, and then he ask me if I would mind if he parked his tractor on my property.
I said for what reason, He replied he needed to work on it and that I had a nice warm shop. I asked him how long would it take to do the work. He replied ½ day so I said sure.
After that all of us farmers heard threw the grape vine, that he was hiding his stuff
So the bill collectors could not take it. Why because if it is on priavet property, it takes a court order from the court to take it. If the bill collectors wants it to pay a bill, and a class action takes up 1 year to go to court. Then the property owner that is hold that property will be taken to court by the court to release the property. Now if the bill collectors don’t want it, you have to get rid of it, or hop that he picks it up some day { RIGHT} After it is sold then the owner of the property must get paid for that property and it is up to you to charge a storage fee.
All of this could take 1or 2 years if not longer .
{ MMMMM} We learn something every day; If this is happing to you, send the property
Owner a certified letter telling him he has x number of days to get his property off your property, and if dose not it thin, his property will become yours. Some thing to think about as long as his property is on your property you are responsible for it.
THINK ABOUT THAT
JUST A LITTLE INFO

I never much trusted Ole John T, Mike(WA), screaming hollow and the rest of the attorneys who hang out on here; glad to have someone else well versed in the law........

Many years ago I was working a crop insurance claim. I had to look at all the fields. While way back on the place I found a Ford tractor hidden under an old hedge row with brush piled up around it.

The farm was owned by a university professor and I heard later he was going bust.

Gene

It can be a scary deal and there is alot of that going on these days. Heck, people around here drive to the neighbors place to claim his cattle on a financial statement to the bank....However the guy who claimed our cattle didn't think about where we banked and our relationship with our banker. That one back fired on him. Also, another guy had this type of deal going on about hiding equipment from the bank. He had a brand new bulldozer he bought to build terraces and not a neighbor liked him- he dug a hole, burried the dozer, cleaned it up with the loader and hush hush from there on out. Some people right?

Few years back in NE MO I previewed a real nice JD collection that had been hide out from FHA. Linderman and waterloo boy among many goodies. OPEN DISCUSSION ABOUT WHAT HAD WENT DOWN.

You must be fairly young. Happened all the time in the 80s.

JR, GREAT POST !!!!!!!!!!!! You sure raise some good points, it may NOT be a good idea to assist another person in "hiding" property that a Court of competent jurisdictions has determined should rightfully be surrendered over to another...

However, FYI just because you are temporarily storing anothers property DOES NOT AS A MATTER OF LAW NECESSARILY MEAN YOU ARE LIABLE FOR IT. Its in part a matter of Contract Law, be it actual or implied. For instance if a person is paying you for storage, such a storage contract (if in writing or oral) depending on the terms, might well render you liable.. On the other hand take a short term storage done strictly as a favor, you may NOT be liable for his tractor etc. A good storage contract will address who bears the risk of loss while a verbal contract may require the finder of fact to determine the same if the issue is in dispute. THE ANSWER IS IT DEPENDS on facts and custom and local practice and local laws.

Next, if a creditor wants to sieze your personal property to satisfy say a judgment, HE STILL NEEDS A COURT ORDER TO GET IT (they usually ask for sheriffs assistance to do such) REGARDLESS if its on the debtors property or the neighbors.

Next, as far as the storage persons right to retain or sell property for say non payment of rent, THERE ARE OFTEN VERY SPECIFIC STATUTES REGULATING SUCH which, if followed, can give you the right to sell or keep it etc BUT it likely takes MORE then just sending a letter. The law disfavors UNILATERAL CONTRACTS and just becasue you send someone a letter doesnt mean as a matter of law an enforceable contract has taken place. A contract requires mutuality and consent and a "meeting of the minds" HOWEVER your point is still good and well taken and a good idea BUT BECAUSE IT ESTABLISHES LEGAL "NOTICE" and ifffffff theres a statute that says if you provide NOTICE to a person to remove his property but he fails, you may then indeed be allowed to keep or sell it etc. A registered letter creates as I recall EITHER legal proof or at the least a rebuttable presumption you mailed it, while if you get the green card receipt back, thats hard core evidence IT WAS RECEIVED. I practice Estate law and recently Indiana lifted the green card return receipt requirement for letetrs I send and reduced it to where all thats required is me sending it (proof of mailing or perhaps only an affidavit)

SOOOOOOOOOOOO again, a great posting and hopefully it may help someone in a similar situation. Gotta love all the kind and helpful gents here on the boards. Ive received a ton of help here and glad to help whenever I can.

God Bless all here and Have a Happy New Year

John T BSEE, JD Attorney at Law

I have heard of people hiding equipment to keep them from being seized. Happens in a lot of businesses, especially with equipmewnt that isn't titled.

My post was meant tongue-in-cheek; have the utmost respect for the above mentioned..........

I FOR GOT TO SAY THAT A PERSON MIGHT HAVE TO FILL OUT A WRIT OF REMOVAL/AND POSSESION FORAM

HAVE A NEW YEAR AND A BETTER ONE THIS YEAR
AND THANKS FOR YOUR INFO;
FROM JR. FRYE

Have a good one yourself also. Problem in many places is to get a sheriffs deputy to serve replevin orders or to force evictions, some just hate those gigs it seems. Ive never done much collection work because its so hard to get anyone to pay and its not fun to take property or garnish wages, if they own real estate and ever want to sell it thats when a payday arrives. Wouldnt you hate to be a bill collector in these times YIKES lol

Take care now

John T in Indiana

WHY would a CROP insurance adjuster be snooping around hedgerows and brushpiles looking for a TRACTOR?

SOMETHING'S fishy here!

I have a strange one for you I learned when I got divorced. My exwife left her car that she had when we got married that was all in her name setting in my drive way (took the one that was in my name but that's a whole other story). Set there for 6 months, I sent letters asking her to come get it, just set there. I found a guy who wanted it and I had the only set of keys for it. Started it up, we drove it to the end of the drive way and back, settled on a price. Figured I should talk to my lawyer before I did anything else. She told me not to touch it. I could go to jail for even starting it up. I had to call a buddy of mine with a wrecker to come get it and he would have to file a lein aginst it to ever get it. He took it in and sent them a letter saying he was charge'n them out the rear for keeping it. She showed up with the money, so at least he got some cash out of it. Lawyer said I could not charge storage in KY, only a wrecker service could.

Dave