Legal Question in Criminal Law in Florida
repo/auto theft
I'm trying to help a dear friend out. He was living here in central Fl and bought a Harley, lost his job and was forced into moving back to WV. He called Harley and told them his situation and told them to come get the bike and that the key would be with the landlord, I moved the bike for him to the front of a older friends house (78yr old man) so that it would be safe til they came for it. They told him it would be no problem for him to leave it and go. The day they were supposed to get it, the landlord was waiting for them and people did show up in a haley truck and harley trailer to get it. My buddy called to make sure it was taken care of and they are now telling him that they never came for it and he is responsible....he's not very book smart and being that way he told them, ok....I'll make payments on it still even though this doesn't sound right and htey told him he cannot do that, that he has to pay the whole 10,000.00 now or he is facing grand theft charges and jail time. When he called me to tell me he was probably gonna go to jail, I said I would look into it for him. The whole thing sounds fishy to me. Now the landlord says they didn't take the key, but started it and drove it right into the trailer. ~out of room~
1 Answer from Attorneys
Re: repo/auto theft
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your friend needs to consult with an attorney to discuss this situation. At the least, the attorney can try and trace the VIN and see where the bike is now registered - if it is still registered under the original VIN. Your friend should also report the bike stolen with the police. If the bike was actually stolen from him, then he cannot be charged with stealing it himself. Just because someone at a collection department makes a threat, it does not make it right.
Scott R. Jay, Esq.
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