Posted by John T Country Lawyer on January 01, 2010 at 13:56:43 from (66.244.97.31):
In Reply to: STRANGE BUT TRUE posted by JR. FRYE on January 01, 2010 at 12:51:24:
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.
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