wallace7777
Junior Member
Texas
Below is my story, I am attaching it from a forum becuase it is kind of long and it is already typed out.
The Story,
I found an ATV on craigslist, made an offer made arrangements to go look at it. Make it to the guys house and gave me a bill of sale and everything filled out on DMV paperwork. He tells me he doesn't have a title but has a bill of sale from the last person from 3 years ago(I will get back to this). I had no clue where the VIN is on an ATV, I have never owned one. Both my dirtbikes are on the head unit just like my Harley so I am think I will have to cooberate this later when I take it to the dealership for a complete once-over. I purchase the bike, take it straight to the Dealership and right off the bat they can't read the VIN(has been scratch out). We clean it off the best we can and piece the number together ran it by Yamaha website and it came up as with a different owner. I started questioning everything at that point. Get homecall the police, BOOM STOLEN!!!! Police come out, I give them everything I have on the guy and all the information I have and then the ATV. Guy that sold it to me is now sweating saying he and his friend has had it for 3 years, however, the bike was reported stolen 2 years ago yesterday.
The guy I bought it from tells the police he has only had it for 1 month, story already changing. He says his best friend has had it for 3 years and has maintenance records to prove he has had it since Feb 2006 yet it was reported stolen by the owner 11 months later. The policeman let me look at the report when he was in my driveway last night and the guy that reported it stolen says he last saw it 2 days before he reported it. AGAIN, someone is lying.
The police informs me the guy that sold it to me, by law, owes me a return of my money. If he does not pay me, he said by law I can civil sue him and he will be liable to me for three times the amount I paid plus fees. It will be made public record on his credit report and a lien will be placed on everything he owns till it is paid. He has a $400,000 house, $80,000 fountain boat and many other items. This is where I am at this point.
I contact the owner that reported is stolen last night and told him it has been found. After talking to him for a while, he tells me the bike isn't in the same shape as he remembers, doesn't want to take the 12 hour round trip to pick it up. He said because I was a nice guy and did the right thing, if the police tell him he gets it back he will send me the title and I can have the ATV. I AM COMPLETLY CONFUSED ABOUT THIS WHOLE THING!!!!!!!!
Why would he just give me the bike unless this is an insurance scam?!
The guy that sold it to me asked where the guy owns it lived so I tell him and he goes, "I know where that is, I have family there"! This seems really strange, 1.) what are the odds his family lives there 6 hours away 2) it is in a town not one person I have talked to has even heard of! Even the detective didn't have a clue this extremely small town was in the state. The detective even thought, as I, that he has family in that town.
I have provided 15 pages of emails, records, notes of conversations, bill of sale, DMV paperwork he filled in and misc other items... I stil have hard copies and electronic scans.
1. Do I take him to civil court or small claims?
2. Is this going to cost me more than the $3,500.0 I paid for it?
3. Am out already enough at this point I should just take it as a loss?
3. Will a lien on his assets get me my money back?
4. What are my chances?
Thanks for any and all help!!!!
Eric, Texas
Below is my story, I am attaching it from a forum becuase it is kind of long and it is already typed out.
The Story,
I found an ATV on craigslist, made an offer made arrangements to go look at it. Make it to the guys house and gave me a bill of sale and everything filled out on DMV paperwork. He tells me he doesn't have a title but has a bill of sale from the last person from 3 years ago(I will get back to this). I had no clue where the VIN is on an ATV, I have never owned one. Both my dirtbikes are on the head unit just like my Harley so I am think I will have to cooberate this later when I take it to the dealership for a complete once-over. I purchase the bike, take it straight to the Dealership and right off the bat they can't read the VIN(has been scratch out). We clean it off the best we can and piece the number together ran it by Yamaha website and it came up as with a different owner. I started questioning everything at that point. Get homecall the police, BOOM STOLEN!!!! Police come out, I give them everything I have on the guy and all the information I have and then the ATV. Guy that sold it to me is now sweating saying he and his friend has had it for 3 years, however, the bike was reported stolen 2 years ago yesterday.
The guy I bought it from tells the police he has only had it for 1 month, story already changing. He says his best friend has had it for 3 years and has maintenance records to prove he has had it since Feb 2006 yet it was reported stolen by the owner 11 months later. The policeman let me look at the report when he was in my driveway last night and the guy that reported it stolen says he last saw it 2 days before he reported it. AGAIN, someone is lying.
The police informs me the guy that sold it to me, by law, owes me a return of my money. If he does not pay me, he said by law I can civil sue him and he will be liable to me for three times the amount I paid plus fees. It will be made public record on his credit report and a lien will be placed on everything he owns till it is paid. He has a $400,000 house, $80,000 fountain boat and many other items. This is where I am at this point.
I contact the owner that reported is stolen last night and told him it has been found. After talking to him for a while, he tells me the bike isn't in the same shape as he remembers, doesn't want to take the 12 hour round trip to pick it up. He said because I was a nice guy and did the right thing, if the police tell him he gets it back he will send me the title and I can have the ATV. I AM COMPLETLY CONFUSED ABOUT THIS WHOLE THING!!!!!!!!
Why would he just give me the bike unless this is an insurance scam?!
The guy that sold it to me asked where the guy owns it lived so I tell him and he goes, "I know where that is, I have family there"! This seems really strange, 1.) what are the odds his family lives there 6 hours away 2) it is in a town not one person I have talked to has even heard of! Even the detective didn't have a clue this extremely small town was in the state. The detective even thought, as I, that he has family in that town.
I have provided 15 pages of emails, records, notes of conversations, bill of sale, DMV paperwork he filled in and misc other items... I stil have hard copies and electronic scans.
1. Do I take him to civil court or small claims?
2. Is this going to cost me more than the $3,500.0 I paid for it?
3. Am out already enough at this point I should just take it as a loss?
3. Will a lien on his assets get me my money back?
4. What are my chances?
Thanks for any and all help!!!!
Eric, Texas
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