L
liz1841
Guest
This may appear more than once, if so I am sorry. (Computer problems)
We live in Alabama, we leased 2 of our trucks on with a trucking company out of Tennessee. (Later we found their operating authority had been revoked 3 months prior to us leasing to them). We had a lease/contract to pull their trailers. We had drivers on the trucks to begin with, however we were told there was problems, so we took one of the trucks out ourselves to see where the problem was. The 5th week we took a load from Tennessee to the state of Washington, we left out on the evening of June 25th, with a trailer they had loaded for us. We had 5 drops, and were expected to be in Washington no later than June 30th. We made this as requested. We loaded in Washington in the late evening of June 30th and was told by the food broker we had until July 4th to get to Pennsylavania. 4days to go across the US. A logbook violation for sure.
On July 4th at 2pm we were about 8hours from our destination. We were told by the owner "he was through with us, deliver the load and go home. We had trouble getting fuel money on our return across the US. We were given a little at a time, Once we were in Ohio, and told he was broke and was not going to pay us. We had just enough fuel to get to Pennsylvania, but we would have been stranded there. We had depleted the money in our personal checking account getting fuel to make it as far as we had.
We went home, not making the delivery. We called once we got home, had one conversation with these people. They tried filing a report with the police but were told that it was a civil matter. They found a DA to issue a warrant for my husbands arrest for "theft of property" for their trailer. The warrant was based on False information and it was clearly a civil matter since we had a contract to have their trailer.
Nevertheless, the warrant was issued, called into the city police in Alabama, (we do not live in the city limits), had them arrest my husband and hold him until they could arrive to pick him up. He was arrested July 6th, one day after our return home, at 6pm, by 2am on July 7th , the City police from Tennessee arrived to pick my husand up.
He was not allowed to appear before a judge in Alabama, they did not follow the correct procedure for extradition. They just came and got him.
The first time before a judge was his preliminary hearing on August 22, which was postponed to September 26th due to us needing to find a lawyer. On October 17th, the charges were dismissed due to "lack of jurisdiction". There was no crime committed in Tennessee on the date stated on the arrest warrant, my husbnad was not in the city on the date stated in the warrant. There has been no other charges filed in any other state. This was a malicious and false arrest.
Tennessee did not have the right to charge him with a crime within their state, nor did they have the right to have him taken from his home state. They have violated his rights, due to their negligence. They have hurt his business, reputation and embarrassed and humilated him. The article of his arrest appeared in 2 of the local newspapers.
They violated his civil rights. What recourse do we have? My husband is not a thief, we were honest people trying to make a living who were mislead by a crooked company. We had suffered finacial problems and were in a chapter 11 reorganization. The state of Tennesse tried to say this was the motive for "stealing a $7,000.00 trailer. We would not risk our business to do such a stupid thing. The trailer was going to be returned. We have now had to convert our bankruptcy to a chapter 7 and have lost two of our trucks and risk losing our other equipment.
Tell me we can go after all the people involved!!!!
We live in Alabama, we leased 2 of our trucks on with a trucking company out of Tennessee. (Later we found their operating authority had been revoked 3 months prior to us leasing to them). We had a lease/contract to pull their trailers. We had drivers on the trucks to begin with, however we were told there was problems, so we took one of the trucks out ourselves to see where the problem was. The 5th week we took a load from Tennessee to the state of Washington, we left out on the evening of June 25th, with a trailer they had loaded for us. We had 5 drops, and were expected to be in Washington no later than June 30th. We made this as requested. We loaded in Washington in the late evening of June 30th and was told by the food broker we had until July 4th to get to Pennsylavania. 4days to go across the US. A logbook violation for sure.
On July 4th at 2pm we were about 8hours from our destination. We were told by the owner "he was through with us, deliver the load and go home. We had trouble getting fuel money on our return across the US. We were given a little at a time, Once we were in Ohio, and told he was broke and was not going to pay us. We had just enough fuel to get to Pennsylvania, but we would have been stranded there. We had depleted the money in our personal checking account getting fuel to make it as far as we had.
We went home, not making the delivery. We called once we got home, had one conversation with these people. They tried filing a report with the police but were told that it was a civil matter. They found a DA to issue a warrant for my husbands arrest for "theft of property" for their trailer. The warrant was based on False information and it was clearly a civil matter since we had a contract to have their trailer.
Nevertheless, the warrant was issued, called into the city police in Alabama, (we do not live in the city limits), had them arrest my husband and hold him until they could arrive to pick him up. He was arrested July 6th, one day after our return home, at 6pm, by 2am on July 7th , the City police from Tennessee arrived to pick my husand up.
He was not allowed to appear before a judge in Alabama, they did not follow the correct procedure for extradition. They just came and got him.
The first time before a judge was his preliminary hearing on August 22, which was postponed to September 26th due to us needing to find a lawyer. On October 17th, the charges were dismissed due to "lack of jurisdiction". There was no crime committed in Tennessee on the date stated on the arrest warrant, my husbnad was not in the city on the date stated in the warrant. There has been no other charges filed in any other state. This was a malicious and false arrest.
Tennessee did not have the right to charge him with a crime within their state, nor did they have the right to have him taken from his home state. They have violated his rights, due to their negligence. They have hurt his business, reputation and embarrassed and humilated him. The article of his arrest appeared in 2 of the local newspapers.
They violated his civil rights. What recourse do we have? My husband is not a thief, we were honest people trying to make a living who were mislead by a crooked company. We had suffered finacial problems and were in a chapter 11 reorganization. The state of Tennesse tried to say this was the motive for "stealing a $7,000.00 trailer. We would not risk our business to do such a stupid thing. The trailer was going to be returned. We have now had to convert our bankruptcy to a chapter 7 and have lost two of our trucks and risk losing our other equipment.
Tell me we can go after all the people involved!!!!