Legal Question in Business Law in Texas

rental trailer un-returned (stolen?)

I own an auto repair shop and I also rent out 16' utility trailers. A rental agreement is signed when the customer rents the trailer and is required to pay a $50 deposit and the rental is $25 a day. One of my rentals has been out now for almost 3 months.

The customer came in weekly to make payments for the first month but I have not been able to contact him over the past two months. I have sent him a certified letter demanding payment and return of my trailer. 26 days after I mailed this letter I received it back undelivered. This was yesterday. I then took the paperwork including the unopened letter to the county courthouse to seek advice on what to do next. They told me to take it to the local police department. I then went to the police department and they referred me back to the county. The rent due of the trailer as of September 28 is $1800 and the value of the trailer is about $2000. My question to you is: What steps do I need to follow to pursue this customer in getting my trailer back and the rental fees owed for the rental period? Is this a criminal ''theft of service'' and/or ''theft of property'' or a civil matter. Thanks in advance for any advice.


Asked on 9/28/06, 1:33 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: rental trailer un-returned (stolen?)

At this point it's probably a civil matter; the tort of conversion, plus breach of contract to pay. Your damages are the outstanding rentals plus the value of the trailer on the day they first refused the certified mail demand letter.

Judgment may be fairly easy to get. Collecting on the judgment may be vey difficult.

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Answered on 9/28/06, 2:51 pm


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