Posted by ragnar on Thursday, August 03, 2006 at 11:10AM :
In Reply to: TRESPASSING IS A CRIME posted by Mark in NJ on Wednesday, August 02, 2006 at 9:33PM :
Yes. It's best to have witnesses to such a thing. I'd be curious to hear from a lawyer how realistic a trespassing charge would be prosecuted when you are trying to recover your property from someone who has appropriated it. In this case, it does seem that possession is the rule because the cops didn't help in the first instance. I don't recommend just taking it as the first thing to do. I would try to pay him what I owe him first, then get the troopers involved, perhaps file charges against him for theft. I think the key is paying what you owe him. That would remove any claim he has on the vehicle. You probably will need a court order. The cops only take orders. They don't settle disputes. Perhaps the Sheriff would be better than the municipal police. He has more power.
Follow Ups: