Bought A Motorcycle Without A Title...Exhausted All Other Options, or Did I?

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

Bought a motorcycle in January 09, without title, seller promised title and box of original parts within a month. Three months later I got the box of spare parts from a po box(no return address), after that I lost contact with the seller. I’ve tried calling, leaving voicemails, text messages, emails, and face book messages(I can produce proof of all these messages). I had no choice but to call the dealership he bought the motorcycle from for some answers, they said he paid four thousand out of the six thousand I gave him towards paying off the motorcycle. They also said that the bank still owns the title, but he is a long time overdue account…I do have a notarized bill of sale. If I take him to court, the bank will take the bike, because they still own it, but he will not be forced to pay me within any real time period. I do not want to lose the motorcycle as collateral, at least until I get my money back. The only thing I can think of is to put a lien on his property, but I told him I would do that, and he said the motorcycle was the only thing he owned. Can I find out if anyone cosigned the loan, and sue them? Any other choice of action?What is the name of your state (only U.S. law)?

you are not entitled to keep the motorcycle under any circumstances. The guy did not have a legal right to sell the motorcycle to you.

If you keep the bike knowing there is a lien on it that is not released, you can cause a lot of problems for yourself. You need to contact the lienholder and ask them how they want to proceed. If they say give it up, you have no legal hold on the bike and should give it up.

the only person you would have a right to sue is the person that sold the bike to you. any possible co-signer has no liability in this situation. You need to sue the guy that sold you the bike or just walk away from the deal, hopefully learning something in the deal.

justalayman said:

you are not entitled to keep the motorcycle under any circumstances. The guy did not have a legal right to sell the motorcycle to you.

If you keep the bike knowing there is a lien on it that is not released, you can cause a lot of problems for yourself. You need to contact the lienholder and ask them how they want to proceed. If they say give it up, you have no legal hold on the bike and should give it up.

the only person you would have a right to sue is the person that sold the bike to you. any possible co-signer has no liability in this situation. You need to sue the guy that sold you the bike or just walk away from the deal, hopefully learning something in the deal.

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wow, i now understand your sig.
so onto the other topic, how can i sue the guy that sold me the bike, he claims he doesn't have any posessions, or money...i know i can win the judgement, but there is no way to collect, right?

Well, judgements are good for a long time. Maybe he doesn't have anything today, but someday he might.

justfurebay said:

wow, i now understand your sig.
so onto the other topic, how can i sue the guy that sold me the bike, he claims he doesn't have any posessions, or money...i know i can win the judgement, but there is no way to collect, right?

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actually the sig was the result of my tenacity and the reluctance of some that appeared to continue to argue regardless of the fact they were wrong simply because the didn't want to agree that I was correct. Not that I am always right but my sometimes abrasive personality tends to cause those that agree willingly to be rare.

but anyway;

ecmst12 is correct.

here is a link from the state of NJ concerning collecting judgments.
Collecting a Money Judgement -- Special Civil Part

if I read the other source correctly, judgments in NJ are good for 20 years.

New Jersey Statute of Limitations

New Jersey Statutes, Section 2A:14-5. 20 years; judgments
A judgment in any court of record in this state may be revived by proper proceedings or an action at law may be commenced thereon within 20 years next after the date thereof, but not thereafter. An action may be commenced on a judgment obtained in any other state or country within 20 years next after the date thereof or within the period in which a like action might be brought thereon in that state or country, whichever period is shorter, but not thereafter.

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if I read that correctly, I believe you can renew the judgment as well if action is taken before the original 20 year limitation expires.

So, if true, the judgement could be collectible for up to 40 years. Gives you a pretty good chance of getting repayment unless this guy just disappears.

justalayman said:

here is a link from the state of NJ concerning collecting judgments.
Collecting a Money Judgement -- Special Civil Part

if I read the other source correctly, judgments in NJ are good for 20 years.

New Jersey Statute of Limitations

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thanks for the info, called the collections agency after a suggestion from another person, they were able to confirm that they have a debt under that person's name, but due to privacy laws, they couldn't tell me anything else, or do anything else to help out my situation, only thing i got out of the lady was to apply for a mechanic's lien on the title...anyone know about this? reason i ask is because i want to keep the motorcycle, i got a good deal on it, and want to use it...i know i can just buy another one, but why bother if the title is easier to accquire? i know once i go towards the lawsuit option, it's going to take forever to get the money, so i'd like the simplest solution.

You are not a mechanic. You didn't do any repairs on the bike FOR THE OWNER which he refused to pay for and so you have no business even thinking about a mechanic's lein.

Learn from your very expensive mistake.

How much is still owed?

ecmst12 said:

You are not a mechanic. You didn't do any repairs on the bike FOR THE OWNER which he refused to pay for and so you have no business even thinking about a mechanic's lein.

Learn from your very expensive mistake.

How much is still owed?

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there is two thousand still owed, according to the dealer's finance department, apparently the financing company was very strict about confirming any information to me, even though i told the lady i want to make right on the money owed;

what do i do next, or how do i start the legal proceedings?

justfurebay said:

i got a good deal on it

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You got scammed. That's hardly a good deal.

HighwayMan said:

You got scammed. That's hardly a good deal.

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hard to believe somebody who joined so recently has so many posts, they probably are all useless posts like the one you just posted here, you really seem like a valuable member of this forum, but seriously, thanks for your input, it really helps my situation!

ecmst12 said:

You are not a mechanic. You didn't do any repairs on the bike FOR THE OWNER which he refused to pay for and so you have no business even thinking about a mechanic's lein.

Learn from your very expensive mistake.

How much is still owed?

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okay, so since the lady from yamaha collections department kept telling me the only solution she reccomends in my situation was to go for the mechanics lien, i found somebody in new york who provides mechanics liens on vehicles, in order to help new owners get their title. After speaking to the man on the phone, i found out he owns a shop in ny, and has done this before. Like any salesperson, he was convincing, but i did see some flaws in his plan.

1. if he puts a lien on the motorcycle, and there is already a lien on the motorcycle(yamaha finance department), who'se lien get's presecendce?
2. he said i will recieve a ny title to the bike within 30-45 days, will that cause any problems, considering i live in nj?
3. he also said that since the bank owes less than what the new lien that is about to be placed on the bike, they will think that it's not worth it for them to fight for the title, and that they will just give up the title; is this really what would happen? bank has $2,000.00 left, he said the debt he would put is around 6,500(the cost of the bike to me)
4. he also said he can draft up a legal contract for this service, to prevent me from getting screwed over in the end, any familiarity with these type of contracts?

below are the companies pictures/ads:

http://i122.photobucket.com/albums/o243/jdmferioej8/CleanLiensLogo.jpg

http://i122.photobucket.com/albums/o243/jdmferioej8/CleanLiensadprototype.jpg

I think you are about to get scammed again. I don't think it is legal for you to put a mechanics lein on this vehicle. You are not a mechanic and did not contract with the owner for repairs. You BOUGHT it from someone who did not have the legal right to sell it to you.

ecmst12 said:

I think you are about to get scammed again

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some people simply refuse to learn.

justfuebay:

do you realize that the guy you were talking to is making a fraudulent and illegal claim on the motorcycle? and if you are a party to it you are complicit in the crime?

Ah, go do whatever you want to. You are obviously not going to listen to reason and common sense.

I really think your only LEGAL option is to pay off the leinholder and get the title from them and then try to sue the guy who sold it to you for the extra money.