Legal Question in Bankruptcy in Arizona

Return of personal property after business closes

My son's ski boat has been in for warranty work for 3 weeks ago. He took it to the dealer where he purchased it last year and the work was all to be completed without charge. Among other things the stereo was to be replaced without charge. The dealer apparently trailered his boat to a sub-contracted for this service. The boat, trailer and skis are today at this subcontractors shop.

The dealer called my son today to say that they are out of business. All funds are frozen. They shared the sub-contractors contact information. My son called this sub-contractor and they refuse to release the boat because they are owed monies from the dealer.

I need next steps or a strategy Do i need a lawyer or a cop on this matter.


Asked on 9/05/08, 11:35 am

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: Return of personal property after business closes

Generally, someone who performs work on your personal property can retain possession until he is paid. However, there is an exception for "motor vehicles." I don't know if a boat is considered a "motor vehicle" or not. Maybe someone else can answer that one. See A.R.S. 33-1021

I would find out how much is owed, and if it's not much, then just pay it. Then, if the dealer has filed bankruptcy, you can file a "notice of claim" in the bankruptcy case, and wait with all the other creditors to see if you get anything.

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Answered on 9/05/08, 12:23 pm


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