The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. HAMPTON — While being held as evidence, the car driven by a Portsmouth teenager that struck two Hampton pedestrians has sustained “significant damage” in an … Good luck. If the landlord knows that the tenant is a person with a disability as defined in RCW 49.60.040 (as amended by chapter 317, Laws of 2007) and the disability impairs or prevents the tenant or the tenant's representative from making a written request for storage, it must be presumed that the tenant has requested the storage of the property as provided in this section unless the tenant objects in writing. A: I would also add to the other answer by saying you my be able to contact the County Sheriff and ask if the car is still on hold and when you can pick it up from the towing yard. If you were charged with a crime, our lawyers can also defend you against these charges. The landlord may store the property in any reasonably secure place, including the premises, and sell or dispose of the property as provided under subsection (3) of this section. If it appears to the court that there is a substantial issue of material fact as to whether or not the plaintiff is entitled to other relief as is prayed for in plaintiff's complaint and provided for in this chapter, or that there is a genuine issue of a material fact pertaining to a legal or equitable defense or set-off raised in the defendant's answer, the court shall grant or deny so much of plaintiff's other relief sought and so much of defendant's defenses or set-off claimed, as may be proper. The California criminal lawyers at The Law Offices of Bamieh and De Smeth may be able to file paperwork with the courts to demand your property back. YOU SHOULD RETAIN PROOF OF SERVICE. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. I was asked by a property owner to put a car on my trailer and move it to another part of the property so that I could put down some new gravel and to leave it on the trailer until he could find out where the owner of the car wants it moved too. (b) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows: (i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied; (ii) The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public; (iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. Since the case is against the property, not the owner, rules are often complicated for when you are entitled to a lawyer and whether one is provided for you. We are answering all phones and responding to all phone calls during business hours, and our Attorneys are available for consultations and to discuss your legal issue. Find the best ones near you. The police will turn the vehicle over to the prosecutors office as evidence. The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property and if it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law: PROVIDED, That within three days after the service of the writ of restitution issued prior to final judgment, the defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court or to the plaintiff, as the court directs, all rent found to be due and all the costs of the action, and in addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed: PROVIDED FURTHER, That before any writ shall issue prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out. if they refuse to tell me the whys and the hows of them having my car, why should I talk to them. (b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another; (9) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services; (10) "Parking area" means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle; (11) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property; (12) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water; (13) "Shopping cart" means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind; (14) "Stolen" means obtained by theft, robbery, or extortion; (15) "Subscription television service" means cable or encrypted video and related audio and data services intended for viewing on a home television by authorized members of the public only, who have agreed to pay a fee for the service. The answer will depend in part on whether the owner of the car was served with an eviction notice and whether the landlord gave written notice to retrieve the car. Even further, however, the State can usually seize any property that involved in the commission of a crime under “civil forfeiture” rules. The incident was reported to have happened at a facility in Monaghan in June, where a number of cars being held for Gardai were burned following an electrical fault. (4) Nothing in this section shall be construed as creating a right of distress for rent. – (Law Div. The amount of sale proceeds that the landlord may apply towards such costs may not exceed the actual or reasonable costs for drayage and storage of the property, whichever is less. A lot more. If the tenant or the tenant's representative objects to the storage of the property or the landlord elects not to store the property because the tenant has not served a written request on the landlord to do so, the property shall be deposited upon the nearest public property and may not be stored by the landlord. and So realistically, they can keep your vehicle till the end of a trial and that could take years. Well, not JUST like the phone company, but innocent nonetheless.
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