Have Any Of You Had Equipment Not Returned By Someone You No Longer Work With?

Topic 30964 | Page 1

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Al C.'s Comment
member avatar

I had a prior working/leasing agreement with another party who was using my authority. They were to reimburse me for any expenses incurred from their usage. To make a long story short, I found out they were pretty shady, and cut them off. Well, they have a few containers and chassis that they took out under my authority before I cut them off, and are not returning them. They are not answering my calls and shut off their emails. At this point, would that constitute theft and a crime? Have any of you experienced anything similar?

Anne A. (G13Momcat)'s Comment
member avatar

I had a prior working/leasing agreement with another party who was using my authority. They were to reimburse me for any expenses incurred from their usage. To make a long story short, I found out they were pretty shady, and cut them off. Well, they have a few containers and chassis that they took out under my authority before I cut them off, and are not returning them. They are not answering my calls and shut off their emails. At this point, would that constitute theft and a crime? Have any of you experienced anything similar?

Howdy, Al ~!!!!!

Oh, wow... that sux!! (Are any of the containers a part of the unclaimed inventory, in LA? Not sure how ... but I'd check there!)

ie: Containers looming in LA ~

On another note, Brett's site, Trucking Truth . . . is really geared to helping new people get INTO the industry; oftentimes through company paid training. I don't even know of an O/O on this site that would be geared to your question, but I've been flummoxed before, so... it's possible.

Have you checked OOIDA? Have you looked on Overdrive, in their classified section?

Man, I'm sorry for your loss.

Our resident O/O &Moderator PJ might have some more suggestions; I'll try to get him to reply as well.

Wish you well!

~ Anne ~

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

Brian S.'s Comment
member avatar

Don’t think of it as theft, think of it as failure to return property. Kind of like when you cancel your cable subscription but don’t return your cable box, they don’t call the cops on you, they send you letter after letter and then they sell it off to a collection agency and they harass you for awhile. of course the value difference there’s much more for your equipment and may even fall under felony theft. But the concept is the same.

Your best option would probably be to contact a lawyer and see if you can get a free consultation.

Disclaimer: I am not a lawyer or affiliated with any law firm. I just binge watch a lot of Law and Order.

PJ's Comment
member avatar

Al I have never experienced that situation, but I can feel for you. It sucks for sure. The answer is not simple no matter which way it goes. There is alot of information needed to determine if it is criminal or civil. IF you have a written lease with them then that is where your answer starts, but that depends how it is written.

I don’t know what state your business office location is. That would determine the state laws that may apply. There could be a possible embezelment case which alot of states refer to the state statues on theft for guidance. Chassis’s are registered so auto theft charges may apply.

Again without knowing alot more information it is hard to give specific information. Provable intent will be crucial in your outcome. My email is in my bio. Give me a shout if you want and I’ll try and give you better guidance. I’m not an attorney, just a retired LEO from Ca.

I wish you the best with this mess.

OWI:

Operating While Intoxicated

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