Legal Question in Civil Litigation in New Jersey

ATV Storage

Have been storing an ATV for about three years now for my brothers boss who actually won the ATV through a raffle that my fire dept was holding. The winner asked me to hold the bike until he could come and get it that weekend. I have contacted him several times over the three years asking his intentions. His response is only through my brother. I have heard the story over and over again that he will come and pick it up but I still have it. I have called him everyday for the last two weeks at his work finally he answered and told me that he was not interested in selling it but if I asked six months ago it would have been different. I told him that I need to have this atv picked up. He answer to me was i will talk to your brother and have him get back to you. Then he just rudly hung up. I feel I have been taken advantage of and would like to send him a bill for storage fees. Can I legally do this. If so, are there certain steps that need to be taken?


Asked on 9/04/07, 4:11 pm

2 Answers from Attorneys

Re: ATV Storage

I'm not as nice as John. I'd document what has happened, and give him a letter stating you are giving him one last opportunity to pick up the ATV, or you will consider it abandoned. Give him 7 days to get it or dispose of it. If you want it, I'd contact MVS about getting title to it, and go for it - I believe MVS will contact the last known owner of record before issuing new title. Perhaps he never even registered it! A benefit of doing it this way is if he sued you, you'd still have the vehicle on the off chance the judge was sympathetic to him.

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Answered on 9/05/07, 10:22 pm
John Corbett Corbett Law Firm LLC

Re: ATV Storage

You have more patience than I would.

First, document everything that you have done to try to get this albatross off your neck. Get your lawyer to write a letter to him with a firm date to get is out. State that, if he does not pick it up personally, whoever does must have a written power of attorney to do so. Notify him that if he doesn't remove it by a certain date, it will be sold and the costs of sale will be deducted from the proceeds. Since ATVs are not titled articles, you may find that it costs almost as much for you to get the title as the ATV is worth so you may wind up grossing most of the value of the ATV by the time you are done.

Note the part above that says have your lawyer write the letter.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/04/07, 10:16 pm


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