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Vehicle Sale/Ownership transaction

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Smunk

Junior Member
What is the name of your state (Oregon - where the transaction took place / Hawaii - where I currently live)?

Hello,

I need to find out if an (oregon) small claims court case is the proper channel to use in order to gain official ownership (title) of a vehicle.

The details...

I bought a motorcycle from a co-worker in 2006. We wrote a bill of sale, but the title was lost so no title was present at the time of sale. He was supposed to file for a lost title from DMV and get it to me as soon as the title came in.

The co-worker got a job opportunity in San Diego and re-located before the title came back. I tried contacting him with no luck. I tried to get a lost title from the DMV myself but since my name was not on the title, no luck (the bill of sale of course doesn't matter to DMV.)

About six months ago (before moving from Oregon to Hawaii) I got in contact of the co-worker who has since moved back to Oregon. He apologized and said he'd get right on it and get me the title. 6 months later, no contact again.

Do I have any re-course through small claims? I need to get proof of ownership of the vehicle in order to register it here in Hawaii. Right now it's just sitting and rusting.

Thank you for your time.
 


swalsh411

Senior Member
You sue people for money, not specific action. What are your damages? You could try suing for the lost value of the property or even the entire purchase price since he never fulfilled his end of the deal but how much did you pay in the first place? Also your travel expenses are not reimbursable.
 

Smunk

Junior Member
Thank you for your advice!

I was thinking of a small claims court case for the entire purchase price - $3700. Traveling would be a pain but I got to get this issue solved.

In your opinion, would the court/Judge even allow the case to be heard since I've waited so long? (transaction was in 2006)

Thank you
 

swalsh411

Senior Member
The Statue of Limitation in Oregon on civil claims related to contracts (which is probably what this would fall under) is 6 years so you are not too late.

I could very well be that he gets off his duff and gives you the title as soon as he realizes he's been sued so you may never end up having to travel.
 

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