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“Missing Equipment” from neighborhood

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“Missing Equipment” from neighborhood

Old 03-20-2019, 04:45 PM
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Default “Missing Equipment” from neighborhood

old man down the road died about 6-7 months ago. Only has one living decendend (out of state daughter). No will, so having to take the long path through probate, despite it being a rather simple estate.

Guy who lives next door is a small time contractor. Kind of the redneck of the neighborhood, but decent guy. After the old man died, he started parking some equipment in his driveway. Everyone here assumed he had permission from the daughter. Turns out he didn’t. Then the equipment went missing. About 30k worth, uninsured, spread across 3 pieces.

Turns out of state daughter hired a landscaper to keep the property up pending probate, and he let her know about the stuff sitting there. She then had it towed by a local towing company, who has had it in storage ever since. Towing fees are capped by law, and operator has been charging the max, per piece, and won’t budge on the fee to reclaim it. Coming up on the timeline where he can take ownership if fees go unpaid.

Predictions on how it will turn out?
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Old 03-20-2019, 04:52 PM
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When does the tow company have their auctions ?
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Old 03-20-2019, 04:56 PM
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I don’t care, just want to see pics of the daughter.
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Old 03-20-2019, 04:57 PM
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Sticky situation, but if its posted NO PARKING, then he is out of luck. IF not and without posting a notice on the vehicles that must be visible for a set amount of time depending on the state, she is out of luck and screwed herself and the tow company doesn't have a leg to stand on. However, if they have a photo of the warning on the drivers window, and a photo after the required time elapsed, then he is out of luck.

We own quite a few vacant lots and have learned the hard way about towing laws.
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Old 03-20-2019, 05:05 PM
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The owner of the equipment should say that he had permission to park the equipment there in the past and if she didn't rescind that permission in writing (or post the notice as referenced above) then it may cost him few dollars in legal consultation fees, but he should be able to get his equipment back without paying the storage fees....I believe she would be responsible for the storage fees if she had them towed improperly.

If you like the guy, you can say "sure, I've seen him park equipment there in the past when Mr X was alive". That will make it hard for her to prove otherwise without lot's of paperwork and proper notice to him.
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Old 03-20-2019, 05:11 PM
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Originally Posted by bugnut View Post
I don’t care, just want to see pics of the daughter.
i assure you, you don’t.
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Old 03-20-2019, 05:14 PM
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Originally Posted by EMC Pursuit View Post
Sticky situation, but if its posted NO PARKING, then he is out of luck. IF not and without posting a notice on the vehicles that must be visible for a set amount of time depending on the state, she is out of luck and screwed herself and the tow company doesn't have a leg to stand on. However, if they have a photo of the warning on the drivers window, and a photo after the required time elapsed, then he is out of luck.

We own quite a few vacant lots and have learned the hard way about towing laws.
equipment is not vehicles or trailers. Notice was supposedly posted on it, but went unnoticed. Not being noticed is not far fetched in the least.

When old man was alive equipment never had been parked there, and my understanding was they weren’t on speaking terms. Old man was a bit of a odd guy, with no friends in the neighborhood.
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Old 03-20-2019, 05:21 PM
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Originally Posted by autobaun70 View Post


equipment is not vehicles or trailers. Notice was supposedly posted on it, but went unnoticed. Not being noticed is not far fetched in the least.

When old man was alive equipment never had been parked there, and my understanding was they weren’t on speaking terms. Old man was a bit of a odd guy, with no friends in the neighborhood.
IF notice was posted, the two company has a dated photo of when posted and a dated photo of when towed. Sounds like he is screwed for taking advantage. Tow company's don't mess with notice
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Old 03-20-2019, 05:21 PM
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Why on earth would one park equipment in a dead neighbors driveway to begin with? Where did he park his equipment before? When a neighbor dies is his driveway free for the taking? Bizarre situation.
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Old 03-20-2019, 05:54 PM
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Originally Posted by rusbob View Post
Why on earth would one park equipment in a dead neighbors driveway to begin with? Where did he park his equipment before? When a neighbor dies is his driveway free for the taking? Bizarre situation.
His driveway is a bit overfilled. Used to be in his driveway, and 2 of his 3 vehicles parked on the street.

Agree it should have never been done without proper permission. Daughter of deceased seems to be feel bad about it, but was lacking info on how to handle it differently. Towing company is of course holding their ground and wants their $.
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Old 03-20-2019, 05:57 PM
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Park your equipment in my driveway and i'll be using it.
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Old 03-20-2019, 06:01 PM
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I had a next door neighbor of one my rental properties just a few blocks from a super busy college get the bright idea to charge the kids to park in the back yard. Found like 15 cars back there one day. Tow company sent a whole fleet to impound them. Had several parents contact me and even a legal letter. I told them to pound sand.

Nothing redneck can do. He illegally parked on someones property, person who owns it has a right to have it removed. Tow company has the right to charge whatever.

Of course this could change by state but I think that is pretty general
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Old 03-20-2019, 06:02 PM
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P.S. The tow company head or boss or whoever was grinning ear to ear. Was a nice pay day for him. They even drug some sideways with chains and gave no shits lol
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Old 03-20-2019, 06:02 PM
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The lien holder will pay the storage fee and repossess the equipment, whether he's up to date on payments or not. If the lien holder doesn't want to repossess the items, they will go to auction. Maybe the neighbor is gambling that he can buy them at auction cheaper than what he owes.
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Old 03-20-2019, 06:03 PM
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So the guy renting out the spots wasn’t even renting the house/land from you? Was it occupied?
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Old 03-20-2019, 06:05 PM
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Originally Posted by JKBrad View Post
The lien holder will pay the storage fee and repossess the equipment, whether he's up to date on payments or not. If the lien holder doesn't want to repossess the items, they will go to auction. Maybe the neighbor is gambling that he can buy them at auction cheaper than what he owes.
older stuff and owned outright is my understanding. Not junk, just older. Basically stuff he has picked up in exchange for payment working as a sub over the years.
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Old 03-20-2019, 06:18 PM
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Having dealt with tow companies a few times over the years, I can say one thing. They "generally" know what they can and cannot do. And usually have the stones to stand up to some fairly aggressive/aggravated customers. Not saying they were right or wrong in this particular situation but likely the guy parking illegally will have to pay. He took a chance and lost....now for the hard part.
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Old 03-20-2019, 08:09 PM
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Originally Posted by rusbob View Post
Why on earth would one park equipment in a dead neighbors driveway to begin with? Where did he park his equipment before? When a neighbor dies is his driveway free for the taking? Bizarre situation.
Not as weird as you think. My father in law had a glass business in Toledo that had a straight view to the river where the 4th of July fireworks were shot off of a barge. Every year we would have to go down to his business and tell people to move their cars, get their lawn chairs off of the property, pick up their trash, etc. People would just see that the business was closed and just set up on his property to watch the fireworks. It wouldn't have been so bad if the people had a little respect but they would set up for their party and then invite other people and next thing you know there are beer cans and trash all over his property. It got a little better when we put up some stakes and caution tape but that didn't totally stop idiots from thinking they could just get their lawn chairs out and set up their party.
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Old 03-20-2019, 08:24 PM
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Originally Posted by autobaun70 View Post
So the guy renting out the spots wasn’t even renting the house/land from you? Was it occupied?
Was not renting, just decided to do it. Was being remodeled so was empty.
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Old 03-20-2019, 09:00 PM
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Originally Posted by bugnut View Post
I don’t care, just want to see pics of the daughter.
ON a tractor or using a posthole digger - NEKED!

Regards,
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