Expert: Timmy Chou - 1/14/2010

Question
 I bought this boat and my father-inlaw talked me in to putting his name on title. It states me as primary and him as secondary owner. I only did this because i am a wounded soldier on fort Bragg recovering from a brain injury. He has the title and refuses to send it to me. He leaves a few voice mails telling me to come and get the boat, He says he's going to transfer boat out of his name. We agreed upon a time and agree to have my friend come pick it up. Well my father inlaw shows up thirty minutes late, put a lock on the boat trailer and parks his van in front of it. He refuses to release the boat or the title to me. I have proof that I purchased the boat with a check in full.

Answer
Thank you for your question!  

As I always note to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.  Over 85% of civil lawsuits are settled prior to trial, therefore it is not usually a matter of IF a dispute settles, but WHEN and at what cost.

I am not a lawyer but can perhaps suggest some ideas based on my business consulting and mediation experience.  

I would suggest that if you have the proof of payment and you name on the title as a primary, you call the police.  

Your only other option is to go to court.  You could sue him in small claims for the total cost of the boat.  He wants it, won't give you access, then he should pay you for it.  This is perhaps the cheapest option to force some action, but small claims courts can only award money and not settle property disputes.  

Wish I could be more help!

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships

Negatives of Arbitration

It's a compromise, no 100% winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

may not reach a binding decision
unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final

Negatives of Litigation:

waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record