Can I sue to get my atv back?

[Jerry deiter]

What is the name of your state (only U.S. law)? Louisiana

 

[Jerry deiter]

A year ago I traded atvs with someone, we were unable to finalize the trade(no bill sale was issued and the bank still had his title). Well the other party apparently re-traded my atv to someone else and then was in a fatal car accident and died. His bank repossessed his atv from me(as it wasn't paid for yet) and no one knew who had my original atv. Well the new owner contacted me through social media. Now I know who has it and I want to know if I can sue him to get it back, as there was no actual transfer of titles and it's still in my name

 

[Zigner]

Sue the dead guy's estate.

 

[Jerry deiter]

Will that get my SxS back? The ultimate goal is to get it back

 

[quincy]

A year ago I traded atvs with someone, we were unable to finalize the trade(no bill sale was issued and the bank still had his title). Well the other party apparently re-traded my atv to someone else and then was in a fatal car accident and died. His bank repossessed his atv from me(as it wasn't paid for yet) and no one knew who had my original atv. Well the new owner contacted me through social media. Now I know who has it and I want to know if I can sue him to get it back, as there was no actual transfer of titles and it's still in my name

If there is no evidence of the trade, and the dead guy's bank repossessed the ATV that you had in your possession because the dead guy still had title to the ATV, then you can retrieve your original ATV from the "new owner."

The new owner does not have title to the ATV. You do. It is still yours.

I do not see that suing the dead guy's estate will get you very far.

 

[adjusterjack]

Wait.

If the bank repossessed it then the bank owned it and got title to it under the state's repossession laws.

If the bank sold it then the new owner should have good title from the bank.

Something is missing from the story.

So far, I don't see the OP having any right to it now unless, of course, he wants to pay for it.

 

[not2cleverRed]

Wait.

If the bank repossessed it then the bank owned it and got title to it under the state's repossession laws.

If the bank sold it then the new owner should have good title from the bank.

Something is missing from the story.

So far, I don't see the OP having any right to it now unless, of course, he wants to pay for it.

OP traded his ATV (we'll call it blue) for his friend's ATV (we'll call it red).
The "red" ATV was repossessed (still titled in friend's name), and was never titled in OP's name.
The "blue" ATV was retraded, because the friend was no longer paying for it, and OP wasn't paying for it because the "sale" hadn't been finalized.
The original owner of the "red" ATV is dead.
The "blue" ATV is still titled in OP's name.

At least, that's my understanding.

 

[quincy]

OP traded his ATV (we'll call it blue) for his friend's ATV (we'll call it red).
The "red" ATV was repossessed (still titled in friend's name), and was never titled in OP's name.
The "blue" ATV was retraded, because the friend was no longer paying for it, and OP wasn't paying for it because the "sale" hadn't been finalized.
The original owner of the "red" ATV is dead.
The "blue" ATV is still titled in OP's name.

At least, that's my understanding.

That is my understanding, as well.

The titles to the ATVs never changed. The dead guy still held title to his ATV (or, rather, the dead guy's bank did) and Jerry still held title to his ATV, despite their no-bill-of-sale un-finalized trade.

The guy in possession of Jerry's original ATV does not have title to the ATV, despite this guy's trade with the dead guy (who never actually owned the ATV he traded to the new guy). The title to this ATV remains with Jerry.

Jerry can sue to recover his original ATV from the new guy and the new guy will have to take action against the dead guy's estate to recover whatever it was he exchanged for the ATV that is now in his possession (Jerry's original ATV).

A bit of a mess.

But, again, it does not seem that Jerry has enough evidence to support a suit against the dead guy's estate. There is nothing to evidence the trade. The only plausible action Jerry has is to recover his original ATV from the guy who now possesses it.

 

[Jerry deiter]

Wait.

If the bank repossessed it then the bank owned it and got title to it under the state's repossession laws.

If the bank sold it then the new owner should have good title from the bank.

Something is missing from the story.

So far, I don't see the OP having any right to it now unless, of course, he wants to pay for it.

The bank repossessed the dead guys Razor from me, since he never paid his bike off it was still the banks property. He was supposed to pay it off that following Monday, since we made the trade on a Saturday evening. (I know, I am the complete fool here who trusted someone to do what they said they were going to do).

Weeks, months go by while I am trying to get in contact with him to get the situation settled, then I get a call from his bank stating he had died in an automobile that he traded my Ranger for and that they are going to repossess his Razor since it was still financed. But no one knew where my Ranger was. I've only just now tracked it down but he won't return it. That's why I wondering if I can sue him(the guy who has it now)

 

[quincy]

The bank repossessed the dead guys Razor from me, since he never paid his bike off it was still the banks property. He was supposed to pay it off that following Monday, since we made the trade on a Saturday evening. (I know, I am the complete fool here who trusted someone to do what they said they were going to do).

Weeks, months go by while I am trying to get in contact with him to get the situation settled, then I get a call from his bank stating he had died in an automobile that he traded my Ranger for and that they are going to repossess his Razor since it was still financed. But no one knew where my Ranger was. I've only just now tracked it down but he won't return it. That's why I wondering if I can sue him(the guy who has it now)

Yes, you can sue the guy who currently has possession of your original ATV. You have title to it. It is legally still your ATV.

 

[Jerry deiter]

Ok thanks for the info guys.

 

[quincy]

Ok thanks for the info guys.

The guy you made the trade with died leaving a bit of a mess behind for you to clean up. Good luck with any legal action you decide to take against the person who possesses your ATV.

Make sure in the future that you get all agreements in writing and signed. It simplifies matters.

We appreciate the thanks.

 

[Zigner]

I disagree that it's legally the OP's ATV. The OP is going to have to perjure himself in court by testifying that he did NOT trade the ATV to the dead guy in order to win.

 

[quincy]

I disagree that it's legally the OP's ATV. The OP is going to have to perjure himself in court by testifying that he did NOT trade the ATV to the dead guy in order to win.

It was an oral agreement at best. Until all terms of this agreement were met, the ATVs remained the legal property of the title-holders. All terms of the agreement were not met.

 

[Zigner]

It was an oral agreement at best. Until all terms of this agreement were met, the ATVs remained the legal property of the title-holders. All terms of the agreement were not met.

I disagree, which is ok.