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Old 09-09-2009, 02:24 PM   #43
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GM
Good luck to you. I will be watching for updates.
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Old 09-09-2009, 08:28 PM   #44
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Quote:
Originally Posted by Lorna View Post
I think I would make sure the RV couldn't be moved before I let the jerk get it.
And go to jail because you would be trespassing on an impound lot. Not worth it.

The OP can go to the sheriff's auction and bid to get it back. Give a lowball bid. The bastage gets some money but not as much as he would want. Win the auction then drive that rig back to friendly territory and never return to the state of New Mexico. Write a letter to the governor of the state and tell them that you will never return to a state that supports legalized theft.
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Old 09-10-2009, 04:35 PM   #45
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Maybe we should also reference Gracies's problem regarding New Mexico to FMCA and Good Sam regarding the large Rally's they sponsor and put on in Albuquerque. FMCA has their next International Rally coming up next March in Albuquerque. If GM's situation gets out to enough members and those same members cancel their reservations I bet it will get someone's attention real quick in New Mexico.

Graciesmom, please keep us updated as best you can.
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Old 09-10-2009, 04:49 PM   #46
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GM I'm so sorry to hear this. It may have been mentioned but a mass letter writing campaign to NM probably couldn't hurt.

Mind shooting me a PM with what happened?

Why can't these guys just go play in traffic or something?
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Old 09-11-2009, 02:53 PM   #47
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GM, sorry to hear about your dilema. I don't know what the circumstances were or are but it seems to me that a RV (Recreational Vehicle) is just what it says "Vehicle".

And yes, it may be considered a home for IRS purposes but it's still a vehicle.

Whatever the situation, I hope you get a good outcome.
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Old 09-12-2009, 09:53 AM   #48
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GM I'm so sorry to hear this. It may have been mentioned but a mass letter writing campaign to NM probably couldn't hurt.

Mind shooting me a PM with what happened?

Why can't these guys just go play in traffic or something?
I can tell you from experience that 'mass letter writing campaigns' accomplish NOTHING. Whoever opens the letter takes a quick look and tries to pigeon hole the purpose. When it doesn't happen in the 0,2 seconds they allocate for this, it gets dumped in the garbage.

I suggested early on that Gracie get an attorney. I am glad she finally did. It sounds as tho it will be resolved in her favor.
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Old 09-13-2009, 05:21 PM   #49
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Of course if you have a judgement against you the courts can and will take anything of value you own if you can't pay. It's always been this way and doesn't matter if you have an rv or sticks and bricks. If you can't pay, they take what you own. Course if it's financed, they can't take it cause you don't own it the bank does. What is it we are supposed to be aware of?
Actually, in Texas a judgment won't take your house...as long as you don't try to sell it. Same with your business, essential business tools, etc. It used to be your farm, your house, your mule, but that has changed for the times.
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Old 10-03-2009, 03:02 PM   #50
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nearly as bad is a homeowner association; they can make up assesments for nearly anything and everything; if you don;t pay they put a lien on your home and sell it.

yes they can; and do.
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Old 10-15-2009, 10:48 AM   #51
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That's why my motorhome is owned by an LLC . They can go after me but I don't own it, the LLC does.
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Old 10-15-2009, 12:13 PM   #52
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Not an attorney here but this my understanding of LLCs.

An LLC can protect assets, however if you own the LLC, that in itself is an asset. If someone sues you personally and wins, they could potential attach your assets which would include your ownership in the LLC.

If on the other hand, you have an accident with your Motor Home that is owned by your LLC, they could sue your LLC and sue you personally as the driver.

In many cases, an LLC offers limited or no protection of assets. The perceived corporate veil that may exist for an LLC can, and is, often pierced down to the individual owners, especially those LLCs specifically set up to provide liability protection without an active ongoing business operation.

If you have assets you wish to protect, an umbrella liability policy is normally your best bet. Any attorneys out there, please feel free to correct my understanding of LLCs.
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Old 10-16-2009, 11:02 AM   #53
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Quote:
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Not an attorney here but this my understanding of LLCs.

An LLC can protect assets, however if you own the LLC, that in itself is an asset. If someone sues you personally and wins, they could potential attach your assets which would include your ownership in the LLC.

If on the other hand, you have an accident with your Motor Home that is owned by your LLC, they could sue your LLC and sue you personally as the driver.

In many cases, an LLC offers limited or no protection of assets. The perceived corporate veil that may exist for an LLC can, and is, often pierced down to the individual owners, especially those LLCs specifically set up to provide liability protection without an active ongoing business operation.

If you have assets you wish to protect, an umbrella liability policy is normally your best bet. Any attorneys out there, please feel free to correct my understanding of LLCs.
In addition,, if a court determines that the LLC was set up to avoid legally owed taxes (e.g. license fees) in your home state, it may be voided and further penalties accessed.
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Old 10-16-2009, 11:22 AM   #54
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Won't know till something happens. Have anyone out there heard any horror stories? I've searched and researched and found none. It's actually my kids LLC, no it's my neighbor.

Wait.!!!

They are all members of the LLC. Who bought this thing? Not me check with him.

You can have a million dollar umbrella and somebody will want 2 million.

Besides, you don't own an LLC, you are just one of the managers.

The original topic was someone took HER motor home. I think if it was in an LLC or even a CORP they couldn't take it due to numerous members of corp management.Might of helped her little. Not saying that they might eventually confiscate it but it would do some doing on their part. Not trying to screw anyone or any thing out of anything, just trying to protect what I have left after working all my life.

Wait till there done screwing with our Medicare. Every body will be parked.

Just my opinion. To old for the fight anymore. Just want to be left alone. Will help anybody with anything, but you get tired after awhile.

I carry as much insurance and umbrella that I can get. Wouldn't be right if something would happen to me or the other party. But the more you have the more they want to take.
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Old 10-16-2009, 12:58 PM   #55
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You are correct, our legal system has become a system based on how much attorneys want to make, not on justice!

In the US if you are in an accident that is not your fault, you are guaranteed a minimum of $50,000.00. $10,000.00 for you and $40,000.00 for the attorney. Today's Modern Attorney has an M.D., Chiropractor and Physical Therapist on staff.
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Old 10-16-2009, 01:06 PM   #56
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Let's not get off topic discussing LLC's.

Thanks!
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