ASK A COP? – Possession

Sent: Thursday, April 23, 2009 9:05 PM
To: info@coptalk.info
Subject: Possession

I have somewhat of a strange question I guess.  Well I lent my brother awhile ago my ATV and trailer to use.  Well time went on I moved really didn’t have a place to put it so wasn’t worried about it.  Well now he is trying to sell them.  Friend of mine found a flyer at local hardware store.  I have all titles and registrations I live in Michigan.  What should I do.  I don’t really want him to get arrested I guess but I do want my stuff back before it is sold to a third party and gone forever.  What can I do.  He changed his number so don’t know how to reach him.  I know where he lives and when I go there no-one answers the door.

Matthew


First thing I’d do is leave a note on your brother’s door telling him to call you regarding the property. If you get no response, I’d call the local police department and ask for a "Civil Standby" while you get your property back. Officers would meet you at the property and stand by while you retrieve the property. You didn’t mention how long it has been in your brother’s possession but as long as you have the titles in your name you should be able to get them back. If your brother got duplicate titles in his name, then it will be a little more tricky and you might end up on Judge Judy to solve the matter….

Call the police department in the jurisdiction where your brother lives and explain the situation. I’m sure if you explain that you lent your brother the property, have the titles in your name, and now want the property back because he is trying to sell it, they should be able to help you. There is a chance they may tell you it’s a "civil" matter and refer you to the courts if it’s been a long time. In that case, you could file a small claims suit against your brother for the either the property or the value of the property. Hope this helps.

Always be aware of your personal safety above all else.

Mark
Coptalk.info

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