Parents won't turn over camper title

[tamifisher]

I am located in Michigan

My parents sold me a camper and I made payments on it until I paid it off. I had posession of camper the entire time I was making payments. I paid off the balance in 11/2000 my mom said she would get the title to me as soon as she located it, which I did not see as a problem at the time since she is my mom. In february I got behind on my cell phone bill which was in my parents name. So in March they went to where I had my camper stored and took it, and now refuse to give it back until I pay my cell phone bill. They say that under "color of lein" they can hold my camper until my debts are paid. We have a court date 5/31/01 where I am suing to get the camper back. They are also threating to sell it. My question is, did they have the right to take my camper, do they have the right to sell it. and any other advise about my upcoming court date would be great. I mostly made cash payments to her, so I do not have a lot of proof of payment. But I do have emails from my parents where they stated the camper was paid for but until I pay my cell bill they will keep/sell my camper. Is this legal.

Thank You

 

[I AM ALWAYS LIABLE]

My response:

Boy, oh, boy . . . are they "in for it" from the judge !

Parents, or any other creditor, have no right to a "set-off" against other debts, unless such rights are in writing, and that your cell phone bill is "collaterized" by the camper or some other property of yours. A creditor, or a parent, cannot take the law into their own hands and use "self-help" techniques for which there is no prior agreement.

They will, however, countersue you for the cell phone debt and obtain a judgment against you in that regard.

But, if I was the judge sitting on your case, I'd pick up a book from my bench, and wind up like Don Drysdale of the Dodgers, and just chuck that book at them at about 90 miles per hour.

All because they are your parents, does not give them any "greater" right or authority than any other creditor. What they have done to you is outrageous, and constitutes grand theft - - a crime.

While I truly dislike claims against family, and always try to discourage such claims in favor of talking it out, I imagine you've already tried that route and are now at the end of your rope.

Let us know how it turns out.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-17-2001 at 02:55 PM]

 

[LegalBeagle]

Have you considered paying the Cell Phone bill?