Legal Question in Credit and Debt Law in Florida

My fianc�'s truck was taken (our truck, only his name loan) due to complications with the loan company. Unfortunately, he is currently incarcerated, leaving me to handle everything for him. I've already cut up the payment in full and the bank has already sent paperwork to both agencies that have my property stating so. The personal properties in the vehicle and the actual vehicle are in two separate locations. If my name is not on any of the loan paperwork but I do have a full power of attorney for him, should I need anything else? I tried to go pick up our personal property in the vehicle and she would not allow me to do so even with the a power of attorney because my name was not on the loan and my fiance was obviously not with me. Is this the case? Is this how this works? If so, what should I do? I thought the power of attorney gave me capabilities like this? They would not even take a look at my paperwork there, just kept saying my fianc� needed to be with me or I needed to be on the loan with him as well to get our things. I'm supposed to pick up the truck tomorrow from the tow yard (location two) and I'm not sure if I'm going to run into this same issues again. Any advice? I was still never allowed to pick up our personal property either.


Asked on 9/17/15, 2:39 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I have to assume that you had a power of attorney prepared by an attorney to give you the powers needed. If so, then you only need to show the POA and demand that they release the property or call the Sheriff and have him appear at the site and show him that you have the POA and he should be able to enforce obtaining your property.

Second choice, is have an attorney call these people and let them know that you will sue them if they can not produce the property.

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Answered on 9/18/15, 8:43 am


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