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Paying for a motorcycle in someone elses name and they took it back!!

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ngsmokeye

Junior Member
What is the name of your state (only U.S. law)? Texas

I took over motorcycle payments for a friend who didn't want the bike anymore. I paid her $3000.00 down and I have made $3943.94 in payments since April 2, 2007. We never really had a contract but I have a piece of paper stating I paid her the $3000.00 down. I also haave a payment history for the bike that I printed from the website with my information. The bike is in her name. I was working on getting it financed in my name but not quickly enough for her.

She came to my home on July 1, 2008 and demanded the bike because she said the payments were always late. So, she took the bike from my home. She threatened to report the bike stolen if I did not turn in over to her that day. She said, when she left my house that day, I can have the bike back if it financed in my name. Since this has happened, there is someone else riding the bike and she will not take any of my phone calls or e-mails.

What can I do about this? I have put alot of money into that bike.
 


JETX

Senior Member
What can I do about this? I have put alot of money into that bike.
You can certainly try filing a small claims suit to recover the $3000 you paid. However, if you are considering trying to recover the part you paid during your possession, since you have NO paperwork to support the sale, your chances are slim and none.
Simply, the money you paid while you used the bike is similar to 'renting' the bike.
 

ngsmokeye

Junior Member
Threatning letter...maybe?

Maybe a threatning letter would do the trick just to see if she is willing to give me the money or the bike before I would have to go to small claims court. Think that would be effective? Maybe a letter from the JAG office here from the military base I work at. What do yo think about that?

I know the payments I paid are lost but the money down and maybe getting the bike back again huh?:confused:
 

Zigner

Senior Member, Non-Attorney
Let's be a little more clear:

You have almost NO case. Sure, a threatening letter might work, but it sounds like she knows what's going on.
 
You can certainly try filing a small claims suit to recover the $3000 you paid. However, if you are considering trying to recover the part you paid during your possession, since you have NO paperwork to support the sale, your chances are slim and none.
Simply, the money you paid while you used the bike is similar to 'renting' the bike.
That's a load of crap.

If he has proof that he paid $3k, and proof that he made monthly payments, why would the judge conclude that the bike was rented? That ignores all common sense. Where's the sales agreement, you ask? Well where's the rental agreement? If there's nothing in writing, then the judge will decide what happened based on the evidence, and the evidence screams sale, not rental. :rolleyes:

OP: I disagree with the nonsense I quoted above. You have a reasonable chance at winning in court.
 

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