Trying to locate a vehicle

mraya

Member
I'm hoping someone can point me in the right direction. I have a security interest in a truck. The owner has now hidden from me. Is there a way to locate the company who is operating the truck? I have the title and know the VIN. The truck isn't stolen or anything though. I just got stiffed on a loan and now the truck is being hidden from me.
 
I wish you good luck.

At best. It's a shitty situation.

Where are you based out of?

I will ask specific and directed questions. Your answers determine my response.

Last year, I went through something similar and am still dealing with it.
 
I wish you good luck.

At best. It's a ****ty situation.

Where are you based out of?

I will ask specific and directed questions. Your answers determine my response.

Last year, I went through something similar and am still dealing with it.

I'm located in Pennsylvania.
 
Looks like the company leased to is unknown.

Sounds like it will be a pain finding this

It's definitely been a pain! I'm thinking along the lines of weigh stations and inspections. Is there any central location where this information is kept based on VIN?
 
I'm also thinking that the truck needs to be registered in some state. If it's on the road with a license plate, the VIN is in somebody's database.
 
I will tell you this....

You willingly gave him your truck. So at one time he had legitimate possession of the equipment. So this will make it hard to get any real help.

Because you GAVE permission for them to have the equipment, it will be a civil matter in the eyes of law enforcement.

I'll get back to you with more information now that I know you are out of Pennsylvania.
 
you need to go talk to your local prosecuting attorney.

talk with him about this. Bring with you all of your documentation for the purchase etc. And BEFORE you go talk to them, follow to the letter the "demand for return".

and then convince your county attorney to file a criminal complaint with the court.


Title 18
Cross References. Section 3931 is referred to in section 5552 of Title 42 (Judiciary and Judicial Procedure).

18c3932s
§ 3932. Theft of leased property.

(a) Offense defined.--A person who obtains personal property under an agreement for the lease or rental of the property is guilty of theft if he intentionally deals with the property as his own.

(b) Definition.--As used in this section:

(1) A person "deals with the property as his own" if he sells, secretes, destroys, converts to his own use or otherwise disposes of the property.

(2) A "written demand to return the property is delivered" when it is sent simultaneously by first class mail, evidenced by a certificate of mailing, and by registered or certified mail to the address provided by the lessee.

(c) Presumption.--A person shall be prima facie presumed to have intent if he:

(1) signs the lease or rental agreement with a name other than his own and fails to return the property within the time specified in the agreement; or

(2) fails to return the property to its owner within seven days after a written demand to return the property is delivered.

(d) Exception.--This section shall not apply to secured transactions as defined in Title 13 (relating to commercial code).

18c3932v
(Aug. 8, 1977, P.L.184, No.49, eff. 90 days; Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980; Oct. 9, 2008, P.L.1403, No.111, eff. imd.)


§ 3934. Theft from a motor vehicle.

(a) Offense defined.--A person commits the offense of theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over any movable property of another from a motor vehicle with the intent to deprive him thereof.

(b) Grading.--

(1) An offense under this section is:

(i) a misdemeanor of the third degree if the amount involved was less than $50; or

(ii) a misdemeanor of the second degree if the amount involved was $50 or more but less than $200; or

(iii) a misdemeanor of the first degree if the amount involved was greater than $200.

(2) When the offense is a third or subsequent offense within a five-year period, regardless of the amount involved and regardless of the grading of the prior offenses, an offense under this section is a felony of the third degree.

18c3934v
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days; June 18, 1999, P.L.67, No.8, eff. 60 days)
 
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Having done plenty repo work, make sure you have the title and do not try to forcefully take the truck. If you can get it with no confrontation, you are golden.

I would even notify law enforcement upon taking back possession in case the driver reports it as stolen.

There is a legal process to repo the truck as well, but depending on the state it is in, it would likely be a pain in the rear process.

Best of luck
 
It is most likely, the prosecutor will refer you to Title 13 code since you have a signed contract with them.

in that case, you will likely be forced to go back to civil court to get an order for the equipment to be returned.

After you get THAT court order, then I would consider repossession unless you can just find it and walk away with it.

Title 13
§ 3309. Enforcement of lost, destroyed or stolen instrument.
(a) Enforcement.--A person not in possession of an
instrument is entitled to enforce the instrument if:
(1) the person was in possession of the instrument and
entitled to enforce it when loss of possession occurred;
(2) the loss of possession was not the result of a
transfer by the person or a lawful seizure; and
(3) the person cannot reasonably obtain possession of
the instrument because the instrument was destroyed, its
whereabouts cannot be determined or it is in the wrongful
possession of an unknown person or a person that cannot be
found or is not amenable to service of process.
(b) Proof.--A person seeking enforcement of an instrument
under subsection (a) must prove the terms of the instrument and
the person's right to enforce the instrument. If that proof is
made, section 3308 (relating to proof of signatures and status
as holder in due course) applies to the case as if the person
seeking enforcement had produced the instrument. The court may
not enter judgment in favor of the person seeking enforcement
unless it finds that the person required to pay the instrument
is adequately protected against loss that might occur by reason
of a claim by another person to enforce the instrument. Adequate
protection may be provided by any reasonable means.

Cross References. Section 3309 is referred to in sections
3301, 3312 of this title.
 
If I knew which carrier was operating the truck, I would go right to them and try to make the process easier. While I will go down the legal route, is there a way to find out which carrier has control of the vehicle based on its VIN?
 
If I knew which carrier was operating the truck, I would go right to them and try to make the process easier. While I will go down the legal route, is there a way to find out which carrier has control of the vehicle based on its VIN?

I don't know if any way to do this.

Thing is, he needed the title of the truck to lease it on to someone, at least to do it properly.

Here is a trick that my brother in law and I would use often. Find a contact for him, and act like a friend. Somebody might spill the beans as to where he is or who he is leased to.
 
I know he is using a fake title. I did locate a prior carrier that he leased onto, and they showed me the documents he provided to them. It's a real mess.
 
I know he is using a fake title. I did locate a prior carrier that he leased onto, and they showed me the documents he provided to them. It's a real mess.

By law that carrier should have received an employment verification request from the new carrier
(within ten years). Privacy laws may prevent them from sharing the information but if they showed you his old paperwork maybe they don't care.

There's a service called Rigdig similar to Carfax that should reveal accidents, registrations, inspections (and therefore carrier info), etc.
$34.99 FOR A SINGLE REPORT.

RigDig | Unleash the Truth on Trucks
 
By law that carrier should have received an employment verification request from the new carrier
(within ten years). Privacy laws may prevent them from sharing the information but if they showed you his old paperwork maybe they don't care.

There's a service called Rigdig similar to Carfax that should reveal accidents, registrations, inspections (and therefore carrier info), etc.
$34.99 FOR A SINGLE REPORT.

RigDig | Unleash the Truth on Trucks

Forgot about rigdig!
 
I'll look into that as well. Has anyone found it to be pretty accurate?
Rigdig is very accurate. If it's a reported inspection or accident, it's gonna show up.

They are the carfax of commercial trucks.
 
How did you end up in this situation anyway?

How does a truck owner end up not knowing what carrier his truck is operating for or whose license plates are on it?

I've done class 8 repo in Illinois and Indiana but the owner always knew who had it and either told me where it was, or drove me right to it.
 

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