Legal Question in Civil Litigation in Pennsylvania

''Stripping'' items from a returned auto

Recently an indidual returned a dump trailer to me that was purchased using a signed Lease Purchase contract. He apparenly just found a better deal. The person was delinquent on several payments to begin with. The trailer was simply left at a truckstop and the registration was left on my porch. When we were told the trailer was at the truckstop we went up to see if it was okay. When we got there the individual had replaced all 8 tires with bald mismatched ones, replaced the brake shoes with junk ones, the tarp was replaced by one that is basically shredded, the sidewalls of the trailer have been smashed, he basically removed all things of value, and destroyed the rest. This was a $20,000 piece of equipment that was reduced to junk. This man had been heard bragging about how he stripped and kept all these items. To replace and repair all that he has done to it will cost upwards of $4000 minimum. Is he liable for replacement and repair of these items? His contract specifically stated that all maintence and upkeep was his responsibility. It also stated that this equipment was in good mechanical condition when he recieved it.

Thanks,

C


Asked on 4/19/03, 12:11 pm

2 Answers from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: ''Stripping'' items from a returned auto

I would say yes, based on what you have described. As with any civil dispute, its always nice if the parties can work things out between them without the necessity of court. However, if you cannot get him to pay what you feel is a fair price for the damages you allege, and assuming this is in South Carolina, then you can sue him in Magistrates Court for up to $7,500.00. If this is in another state, then you need to consult with any attorney accordingly. Good luck.

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Answered on 4/20/03, 10:51 am
Andrew Solomon Law Office of Andrew A. Solomon

Re: ''Stripping'' items from a returned auto

Not only is he liable for the damage to the dump trailer. He also is probably liable for the full amount of the contract price. Further, I would report the incident to the local police. It sounds like he could be charged with theft and/or fraud. In any event you should contact an attorney to prosecute your legal rights immediately.

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Answered on 4/19/03, 12:42 pm


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