Legal Question in Civil Litigation in Pennsylvania
Storage
My mother moved up here from Florida last August. She came on the train with her van. The van is in her name and my dads. He stayed in Florida. She does not drive so told me she brought the van up for me. The title has her name and my dads. It states or in between the names. My mother has left the van in my driveway since she came up except for approx. 2 weeks when she moved in to her place and had all her stuff in it. Now I am told that I need both signatures on the title to have it transferred. I have tried to contact my father in Florida, but he has not returned my calls. I asked my mother about it and she states he probably won't sign it. She will, but he won't. Meanwhile it is still in my driveway taking up my space. What choices do I have? Can I possibly charge him for storing the van all these months?
Thank You!
1 Answer from Attorneys
Re: Storage
Needless to say it isn't worthwhile to try to butt heads with the state. State employees excel at being buttheads.
And, you can't legally collect on storage charges where he did not agree to those charges ahead of time.
But there is a solution, tell him that you're charging him $25 per day storage for the van from the date it arrived, but that you'll waive the charges if he signs over title. Tell him that you will be placing a lien on the title to the van for these storage charges until they are paid.
The collection efforts will not hold up, but they aren't illegal. Most importantly, you can start accruing storage charges as of the day you inform him. Also, have your mother sign the title and give you a bill of sale as to her portion. Therefore she has no obligation to "Go get the damn van" when your father tells her to do so. And he can't sell it out from under you.
Or you could have it towed away as an abandoned vehicle and have someone else deal with the headache.
Regards,
Roger Traversa
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