Motorcycle purchase online went sour

[whanchey]

I reside in NC. I found a motorcycle for sale in Wisconsin on an enthuiast website and made contact with the seller. After several days of emails and phone calls, we came to an agreement and I sent him the money. I arranged shipping and the shipper arrived, called me to report the bike was in excellent condition, and delivered the bike to me. The seller had told me his finance company could "expedite" the lien release so I could register and title the bike in my name. That was 9/14/09. He became hard to reach after the first couple of weeks and eventually returned my emails confessing he had a substance abuse problem and had not paid off the loan. Only a portion of the money sent to him was put toward the loan. He claimed he had just gotten out of rehab and was now doing good with a full time job and would make paying off the loan his number one priority. I'm a patient person and am willing to work with him to a reasonable degree but don't want to regret that six months from now. What options do I have?

 

[JETX]

What options do I have?

Your options:
1) Continue to allow yourself to get screwed by a drug addict.... or
2) Demand a negotiable title in our hands within 7 days.... or you will pursue litigation. Then, when you don't get it, RUN to your local court and file a lawsuit.

Never EVER give cash to a seller without a VALID title transfer in hand!!

 

[whanchey]

Thanks JETX. I do have a signed title but it still has the lien on it. If I sued him, how would that help me? I just don't understand the legal process I guess. Thanks.

 

[JETX]

Thanks JETX. I do have a signed title but it still has the lien on it. If I sued him, how would that help me? I just don't understand the legal process I guess. Thanks.

You do NOT have a valid NEGOTIABLE title.... with a clear lien. That is in the possession of the lien holder.
Your lawsuit should be for the full amount paid for the vehicle plus shipping costs.

 

[CraigFL]

Couldn't he go to the lienholder with the signed title, pay off the loan, get the title stamped paid and then register it in his state? He could then make this amount the amount to sue for. Chances are he's not getting anything from that druggie anyway so he might as well have the motorcycle...

 

[whanchey]

I like that because I'd really like to end up with the bike. Has he committed a felony of any kind?