Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Hi, I have a question that may be rather unusual to answer but thought I would try you and see. I drove a truck for a man almost a year ago . I quit him while I was in New Mexico. He is in Minnasota and I live in Missouri. To make a long story short: is it true that I can sell the truck or keep it for myself if I have stored it for a year? I have made numerus calls to him and left lots of messages, even with the company that he is leased to, and he will not answer me or call me back. If he does not want the truck I will gladly take it, but if he wants it then I do not understand why he will not come get it. I even offered to bring it to him and he will not answer me. Also he NEVER paid me at all for the time that I worked for him – about 9 weeks except for one small check. I left him a message and told him that I was charging him storage of 100 dollars a day so that he would come get it and it still made no difference. Please let me know what to do and how to handle this. Thanks a million”
First, this is a complicated question because it concerns the laws of several states and several issues. As such, you should consult an attorney in your area to determine your rights and available actions.
Next you should collect any documentation you might have from any agreements you made with the the man for whom you drove the truck. Anything you can collect to show what the terms of your agreement with him were would be very valuable in determining your rights to the truck and payment for the work you’ve done. Also with regards to the work you’ve done, there is a possibility that you may have a claim of action against the man under a theory of unjust enrichment; that is, you did the work with the understanding that you would be paid, and he has profited from your work without in fact paying you.
Again, you should consult an attorney in your area as these are complex issues that are further complicated by the different states in which your relationship with the man occurred.
