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receiving stolen property

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unicorn8062

Guest
What is the name of your state? Kentucky
On April 6, 2004 I loaned my now ex-boyfriend $800.00. We signed an agreement that I would keep posession of his ATV until the debt was paid in full. I had given him 6 months to repay the loan. In May, I had my ex arrested for stealing a check of mine and forging my name. 4 weeks after he was released from jail his parents came to get the ATV stating that it was theirs. Now, I lived with this guy for 4 months and the whole time the ATV was at our house. His parents always talked about it being my ex's ATV. 2 weeks ago they went to the police trying to get it back and the police asked them if they had any proof that it belonged to them. They did not have anything that showed ownership to them. Now I have received a certified letter from the parents with a bill of sale stating that if I don't return the ATV within 10 days they will file criminal action against me. They knew of the loan agreement before it was ever signed and they had no problem then.
What are some suggestions for me? If I return the ATV I know I will not get my money. If I take him to small claims court and have a garnishment of his wages he will just move to another job, probably one that pays cash.
If they file criminal charges against me wouldn't they have to do the same against their son since he is the one who used the ATV for collateral in a loan. Please tell me what I can do about these con artists.
 


BelizeBreeze

Senior Member
And, of course, you verified the bill of sale by going by the place where it was issued and told them you wanted a true and certified copy of the document to present in court otherwise, you would turn the entire matter over to the police.
 
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unicorn8062

Guest
bill of sale

They bought the ATV from a friend. The form I received was a paper with Bill of Sale typed at the top, with all kinds of mumble jumble in it, kinda like a contract, was signed by previous owner and notorized. How do I find out if it is actually a legal document and not something that was just typed up from them. Since it was a friend that the ATV was bought from I'm sure they could get whatever paperwork they wanted.
 

BelizeBreeze

Senior Member
And was this a notarized bill of sale? Do they have the check or a copy thereof that was issued for payment, proof that cash was paid? Is there a record of registration through the DMV?

Get my drift?
 

dequeendistress

Senior Member
She said this Belize:

was signed by previous owner and notorized.
Just misspelled it.

Better yet do you have a signed loan agreement for the $800.00 agreeing to keep the ATV for collateral?

Breezy has a great point, as usual, they will have to prove that this ATV is theirs to take, yet I would consider collecting all relevant papers you have, just in case.
 

JETX

Senior Member
"What are some suggestions for me?"
*** Send the parents a very nice, COURTEOUS letter (certifed RRR) explaining the FULL circumstances to the ATV and include a copy of the 'promissory note' showing that the ATV is 'collateral' for the debt. Tell them that you have no interest in keeping the vehicle and that they have the following options:
1) To prove their right of title by sending you PROOF of their ownership prior to the time of the 'security agreement'. Also, since your post says that they sent you a NOTARIZED bill of sale, what is the date of the notary stamp (much harder and riskier to 'fake)??
or
2) To simply pay you the money owed on the outstanding debt and they can make arrangements to pickup the ATV within 5 days of payment in full.

Finally, your last option may be to just go down to the local courthouse and file a small claims action against your 'ex'. Let the court figure it all out.

Note to 'breeze': Most states do not issue titles or ownership documents on ATV's.
 
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unicorn8062

Guest
His parents are very aware of the signed agreement between me and my ex, they are just trying to help him do a con job on me. They were aware of the arrangement before the agreement was ever signed and the money was loaned.
2 weeks ago his parents told the police that they had no title or bill of sale proving that it was theirs, now they have a bill of sales. The notary does not have a date on it, except for the expiration date, and the date on the bill of sales and the amount paid was wrote in where as the rest of the bill of sales was typed. They did enclose a copy of the check with the certified papers they sent to me but it was only for half of the purchase price, the rest was paid in cash.

Thank everyone who has responded to my questions!
 

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