joint property-Tanning Bed

[SUNSEDRAE]

TEXAS-my sister and I purchased a used tanning bed from a friend of (hers) and the "bill of sale" was apparently made out to my sister. We equally paid 50% for the purchase. My half was made in a full payment(being used as the down pmt) and she required pmt. arrangements to pay her half. A BOS was made out to her from her friend/the owner until full payment was recv'd. We took the property upon the down pmt.

Moved it into our apt.(she WAS my roomate.) She moved out of our apt. (without my notice-paying a reletting fee) and moved into another apt. at the same location with a boyfriend-LEAVING ONLY THE TANNING BED behind, with NO forwarding address. A letter and message was left stating ALL of her property had been removed and I was soley responsible for the apt.

I have moved out-taking the tanning bed with ME. Sent her a certified letter of an invoice for delivery fee's, disconnection fee's, and re assembly fee's, and a schedule of use/access with an electrical fee/maintenace fee for use of the bed. Included was a fine line if she refused to pay-all access will be denied. Basically-I have taken it to be she abandoned the property, left no forwarding address to be contacted about it. I mailed the cert. letter to our old address assuming she has a forwarding notice put in. I have been threatened-by phone- that since the bill of sale is in her name, that she will file theft. Will this fly with the law-should I consider small claims court to see about claiming 100% ownership?

 

[SUNSEDRAE]

TEXAS-my sister and I purchased a used tanning bed from a friend of (hers) and the "bill of sale" was apparently made out to my sister. We equally paid 50% for the purchase. My half was made in a full payment(being used as the down pmt) and she required pmt. arrangements to pay her half. A BOS was made out to her from her friend/the owner until full payment was recv'd. We took the property upon the down pmt.

Moved it into our apt.(she WAS my roomate.) She moved out of our apt. (without my notice-paying a reletting fee) and moved into another apt. at the same location with a boyfriend-LEAVING ONLY THE TANNING BED behind, with NO forwarding address. A letter and message was left stating ALL of her property had been removed and I was soley responsible for the apt.

I have moved out-taking the tanning bed with ME. Sent her a certified letter of an invoice for delivery fee's, disconnection fee's, and re assembly fee's, and a schedule of use/access with an electrical fee/maintenace fee for use of the bed. Included was a fine line if she refused to pay-all access will be denied. Basically-I have taken it to be she abandoned the property, left no forwarding address to be contacted about it. I mailed the cert. letter to our old address assuming she has a forwarding notice put in. I have been threatened-by phone- that since the bill of sale is in her name, that she will file theft. Will this fly with the law-should I consider small claims court to see about claiming 100% ownership? [/QUOTE]

 

[SUNSEDRAE]

JUST LOOKING FOR SOME ADVICE, ANY OUT THERE? ? ?

 

[SUNSEDRAE]

Now I'm being threatened for stealing the bed. It is mutually owned between me and my sis, 50/50. She's stating the BOS is in her name. I have posession of the bed and I've mailed her an invoice for transporting-and assembly of the bed.
She has requested to remove half of the bed(I'm not going for that) and she will arrive at my home with the police. I have notified the police and since she abandoned the property and I have posession-I am in controll of the property(TRUE?)

I have also given her the opportunity of obiding by a schedule(mailed cert. USPS) for use of the bed with a fee for electricity, etc... in which she feels un-obligated.

Question: Should I wait for her to file a small claims against me, or should I persue obtaining sole responsibility for the bed and expenses through small claims court?

 

[stephenk]

You said she moved into another apartment in the same location. Do you mean same building but different apartment number? If so, what was the problem in getting hold of her? She is your sister isnt she?

Keep all the documents you have regarding the purchase of the bed, including any receipt for the down payment you made. Did you pay cash or check? If check, get a copy of the cancelled check.

Bill of sale alone doesnt mean she owns the bed and you have no title to the bed. Have you offered to buy the bed from her? Pay her share of the bed and be done with her.

Good luck.

 

[SUNSEDRAE]

thanks, I think that is my next and only option is to buy her out.