Legal Question in Credit and Debt Law in Florida

What are our responsibilities to storage yard?

My son is in the Navy stationed in Norfolk, Va. He allowed a friend (also in the Navy)to take over payments on his car, with the friend having an allotment taken out of his Navy paycheck. His friend was kicked out of the Navy and took the car to Florida without my son's knowledge. At this point the payments on the car stopped (my son continued to make the payments as the car is in his name). My son eventually located the friend in Orlando and attempted to pick up the car, at which point the friend stopped returning phone calls, etc. The next thing we found out about the car was when a private detective called to say that the friend had put the car in storage and had not paid the bill and my son would have to pay almost $500 to get the car back. My question is - since the friend took the car without permission out of state and stopped making payments and the storage was in the friend's name, what are my son's responsibilities to the storage facility under these circumstances? Does he have to pay the entire storage fee, including the daily fees in order to have his car returned? Can he report the car stolen and regain possession that way? Thanks!


Asked on 1/27/06, 9:22 pm

1 Answer from Attorneys
Samira Ghazal Ghazal & Gomez, P. A.

Re: What are our responsibilities to storage yard?

I do not know the exact responsibilities to the storage yard. Under contract law, your son did not agree to the storage. I would argue that the vehicle was, in essence, stolen, and that you should not be liable for any fee. I would even consider filing a police report.

One point I wanted to address is your son's credit. Obviously, if he does not continue to make car payments, it will seriously hurt his score. Additionally, a repossession will also seriously hurt his score. As painful as it is to pay this, if he has otherwise good credit, I would continue to pay the debt, seek possession of the vehicle, then sell it or trade it in. It is important that your son NOT ruin his credit as this is the most important asset in this Country. Hope that helps.

Thank you son for his service on my behalf. Finally, if you want to learn more about credit law or have a friend, free of charge, please tell them to visit our web page: www.FloridaCreditLawyer.com

Any and all referrals are appreciated.

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Answered on 1/28/06, 11:55 am


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