Legal Question in Credit and Debt Law in South Carolina

What do I do if a landlord has done something with a boat we have had included in a recent bankruptcy that was ours and he is not telling us where it is? This landlord and the "debt" we owed him was also incuded in the bankruptcy so we are not in debt to him at this point either. Long story short when I lost my job we had to move back from Florida, (where we were renting), to the Carolinas. Unfortunately we did not have the money to bring the boat back at that time. Before we could retrieve the boat the landlord did somethig with it and will not tell us what or where it is. We have been discharged and now the company that had the loan on the boat wants the boat back, (understandably). We have provided them all information on the house we had the boat parked. They have even had a sheriff serve a paper to the landlord to provide the location of the boat but the landlord refuses. Now we are told we are going to be served by the sheriff. My question is what can I legally do to have the landlord provide the location of the boat. At this point he is being spiteful since we filed a bk. All I want to do is have the boat returned to the finance company.


Asked on 9/17/10, 9:24 am

1 Answer from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

You can wait for the bank to sue you to get the boat and then cross claim the landlord. You could also just sue the landlord now and then join the bank later. In any event I would get this matter in front of the bankruptcy court as an adversarial proceeding. It is faster and the judges know what they are doing. You may be able to recover some kind of damages from the landlord other than the value of the boat so you can pay off the bank. Good luck.

Read more
Answered on 9/22/10, 10:02 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in South Carolina