Trailer

[LouLee]

Hi. We really need some advise on what to do. We sold a trailer for $1000. Nov. 2014. We are accepting $50. a month payment. The buyer had it stored on a property where he would be doing labor. He stopped making payments to us and no longer wants the trailer. We want to get the trailer (we are the registered owners) but the property owner of the property (not the person that purchased it) says we can't have it now because we own her $500. in storage fees. ????? There was never a storage contract written up. We sold the trailer and hava a bill of sale, however we are the registered owners (did not transfer through DMV). How do we legally get our trailer without paying this person a $500. storage fee which is bogus!

 

[army judge]

In your state, AZ, you can file a petition for replevin.
Replevin is an immediate remedy ordered before a judgment has or can issue.
A person will typically file a complaint asking for the return of some item of personal property, as well as file an affidavit that you are entitled to possession of said personal property and that you OWN the property.
The Court enters the replevin order before a judgment is entered.
The steps to seek a writ of replevin are outlined in A.R.S. 12-1301 et seq.
The reason replevin is granted so quickly is that secured creditors can generally exercise self help to repossession without a court order under the Uniform Commercial Code.
You are legally a secured creditor, and your debtor has defaulted by not paying.
If you are a secured creditor with proper liens on title you can act to repossess the collateral without a court order, if you so dare.
The UCC requires very specific types of notice and procedures.
You might want to read A.R.S. 47-9601 et seq.
Whether you repossess before or after a judgment you must provide proper UCC notices.
This is a very complicated area of law and difficult to navigate without a lawyer.
Frankly, both methods aren't easy.
The easier option, in my opinion, is to seek the writ of replevin.
Good luck.

Replevin Collection Lawyer | Seidberg Law Offices, P.C.

I found this helpful answer from a lawyer on JustAnswer.com

Arizona Collection Law: Larry Folks, Folks & O'Connor

2011 Arizona Revised Statutes :: Title 22 Justices of the Peace and Other Courts Not of Record :: 22-243 Judgment in replevin