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Taking Back Vehicle

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hilarykel

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

I bought my ex bf a motorcycle three months ago. I gave it to him with a signed promissory note with promise to pay. He hasn't. I just found out he has a suspended license. I haven't put it in his name because I want to take it back and I know he won't go to the DMV to put it in his name. I want to take it back but don't know how to drive it. He is violent and I'm scared of him and afraid in retaliation but don't want to threaten him making him aware I want to take it. Is there anything I can do that will keep me out of harm? Thank you.
 


justalayman

Senior Member
Is there anything I can do that will keep me out of harm?
Moving to the moon is about your only guarantee of safety, at least from people. Other than that, you take your chances.


If it is in your name and he is not paying per the promissory note, take the thing back if you wish.
 

latigo

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

I bought my ex bf a motorcycle three months ago. I gave it to him with a signed promissory note with promise to pay. He hasn't. I just found out he has a suspended license. I haven't put it in his name because I want to take it back and I know he won't go to the DMV to put it in his name. I want to take it back but don't know how to drive it. He is violent and I'm scared of him and afraid in retaliation but don't want to threaten him making him aware I want to take it. Is there anything I can do that will keep me out of harm? Thank you.
In addition to any personal risks involved in taking possession of the bike you may be facing some legal obstacles. But they are difficult to identify here because you haven’t told us the status of the California Certificate of Ownership/Title or whether the bike has ever been legally registered in Californian (Cal Veh. Code Section 4000 et seq.) And if registered, in whose name.

You totally confuse the status of the certificate of ownership by in one place saying “I haven’t put it in his name”

And in another “I know he won’t go to DMV to put it in his name”.

Well, even if he wanted to go to DMV and transfer title in his name, he couldn’t do so with out physically possessing the certificate with the current registered owner’s endorsement as transferor.

There can only be one Certificate of Ownership! So where is the blessed thing and whose name appears upon it as the owner?!
___________

In sum, we aren’t told who is shown at DMV as the legal owner of the bike. We don’t know if your seller endorsed it over to you, left it blank, or whether a new certificate has been issued in your name.

But if you intend to try and seize the bike, then you must be prepared to show legal ownership or a perfected security interest as required under Cal. Vehicle Code Sections 6300 et seq.

Good luck in extricating yourself from a dumb move.
 
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latigo

Senior Member
read the thread:

It is still the OP's bike. She can take it back anytime she desires.
Please pardon the intrusion here, but I don’t see how it can be categorically maintained that she owns the bike.

If this intended gift item were other than a motor vehicle subject to DMV regulations, title to the chattel would have passed upon its delivery to the boyfriend – who presently has it. Thus leaving her with nothing other than a promissory note.

And the same consequence of delivery with donative intent passing title to personal property would apply had she also handed him an endorsed certificate of title from her seller with the transferee’s name left blank.

And this is where lies the mystery. In one instance she writes that she can have it transferred in her name – inferring that she has the document AND in another suggesting that the boyfriend could put it in his name- proposing that he has it.

But apparently we are left to our own conjecturing, as she seems to have vanished into the sunset in search of wiser beings.
 
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I had the same type of problem but the other way around..

Left my motorcycle at an ex-girlfriends house, she kept it then got it transferred under her name by using a "storage" lien..

I found out she was going to be gone for a while, broke into her garage and stole my motorcycle back..

She then sued me in small claims, even showing the judge it was under her name. I explained how she did that.. Judge asked who paid for the motorcycle in the first place, I said "I did".. Judge said, it's your motor cycle then..

If you have any proof that you paid for it, bring it with you to court... Even if you dont you will get it back IMO...
 

justalayman

Senior Member
latigo;3037033]Please pardon the intrusion here, but I don’t see how it can be categorically maintained that she owns the bike.
she has the title, in her name. She paid for the motorcycle. She has a signed promissory note that he has not paid. That means he has neither legal title nor equitable title.

I understand your concern here: you read this as a gift. If you want to go that route, it was a conditional gift; he pays the promissory note, which he hasn't, in exchange for using the bike.

In other words; it is a sales contract and not a gift
 

latigo

Senior Member
she has the title, in her name. She paid for the motorcycle. She has a signed promissory note that he has not paid. That means he has neither legal title nor equitable title.

I understand your concern here: you read this as a gift. If you want to go that route, it was a conditional gift; he pays the promissory note, which he hasn't, in exchange for using the bike.

In other words; it is a sales contract and not a gift
Touché!

I can see the obvious in arguing a sale over a gift. In fact that was my initial reaction to the post. Yet there are inconsistencies no matter which theory is proposed.

E. g., she doesn’t say she sold him a bike, she wrote that she bought him a bike and gave it to him. But by the same token, - as you astutely reminded me - the taking back of the promissory note is not exactly harmonious with donative intent.

But we are discussing possessory rights. So, again if we set aside DMV’s document requirements and treat the bike as a normal chattel which she indeed sold to him - taking his note in exchange - then ownership would have immediately passed to the buyer and she, the seller is left with the promise to pay the purchase price per the terms of the note.

In other words, not a conditional transaction but an absolute sale as there is no mention of the involvement of a security or title retaining agreement.

Having said that, allow me to move it on step further.

Assume that the guy does have a certificate endorsed in blank by the OP’s seller (which in view of the conflicting statements in her post is arguably possible). Presents the certificate to DMV along with an application and receives a new certificate of ownership in his name.

Now what. What would be her rights? Would she have a security interest in the bike? Could she take it back short of a judgment and writ of execution? I think not.
____________

As my God father and supreme court judge professed:

A friendly argument may be good for the soul, but I’ll take a whiskey soda and good cigar every time.

Here is some worthless trivia.

Years ago a tall lanky and very nervous cattle rancher in his 6o’s came into the office. His story was that he had sold a pickup to a neighbor, signed over the title and took an IOU for the purchase price.

The neighbor kept stalling on the IOU so after six months and no money the client hauled the pickup back to his ranch. The neighbor then went to the county prosecutor and swore out a complaint for larceny. Which was technically proper, right?

Well what had happened and what was making the client sweat was is that he had first seen another local attorney- as sharp and slick as they come – who after hearing the story said:

Well for five thousand dollars I “think” I can keep you out of the state penitentiary!

It took a phone call to the prosecutor and an agreement that my guy would return the pickup, which he did post haste! I neither charged him or heard from him again so I don't know if he ever saw any money for his truck.
He didn't go to prison, however.
 
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