joint title dispute

[shag]

Chicago, Illinois.

About two years ago I helped my ex-boyfriend finance a motorcycle with the agreement that he would make all the payments. He never made one payment and then three months later he was sent to jail for a year and a half. I continued to make the payments but had to refinance due to an extremely high interest rate. I had to refinance it in my name only (as a personal loan) because the motorcycle title is in both our names.Right now he has possession of the motorcycle and has hidden it from me. Do I have any legal rights?

 

[JETX]

Based on your post, you certainly have some recourse, but it may not be easy.

Depending on the amount of 'damages' (costs you have paid on his behalf), it may be over the limitation of your states Small Claims court ($5000.00). If not, you need to just contact your local court and file a claim (they will help you fill out the paperwork). Then, your next hurdle will be showing the court that: (1) You paid money on his behalf and (2) That the money paid was a loan and that the Defendant was obligated to repay you. This obligation could be in writing (hard to avoid), or was verbal (much harder to prove). Take ALL your documents and evidence supporting your position. Hopefully, the court will award you with a judgment. Now, the really hard part starts... enforcing the judgment. The court does NOT do this, you have to. But the law does provide you with several methods and processes to attempt enforcment.

I would suggest you read the following sites:
http://www.co.lake.il.us/circlk/scguide.htm
http://www.ag.state.il.us/consumer/smlclaims.htm
http://www.weblocator.com/attorney/il/law/illegjud.html
http://www.consumeraffairs.com/consumerism/small_claim_02.htm
http://www.outfitters.com/~masonch/smallclm.html