i was buying a motorcycle from a friend and he repoed it. we agreed verbally to a price of 2450 and i paid 1900 down and was making payments(on time) and he repoed and said i hadn't been paying.i live in va he has moved to fla. that is where the bike is now. i offered to pay it off he said he would just keep and the deal was done. is there anything i can do about without a written contract? can he keep it? what can i do to get it back having paid so much on it?
2007-02-25 06:33:46 · 6 answers · asked by Steve C 1 in Cars & Transportation ➔ Buying & Selling
Well you can take him to small claims court, even without a written contract. The fees are cheap and you don't need a lawyer. If you made any payments with check then you are set and it is an open shut case. If this is the case you can go to your bank and request copies of your checks to use as evidence. If you don't have checks, then hopefully you have one or more witnesses to the verbal agreement. If you have this you will more than likely win, but it will still be your word versus his. All you need is one single piece of evidence, was the bike registered in your name or was your name put on the pink slip at all? If you can think of anyway your name is attached to this bike you will have more than enough to get your money back, if indeed you were paying on time. Another thing you should try is going to you local police station and explain the situation, see what advice you can get from them. If you paid everything on time, your bike was not repoed, it was stolen.
If the arrangement was made in VA, then you file in VA and he will have to travel to and from for the court proceedings which will probably tick him off right there and he deserves it. I hope you nail this guy, he probably planned this all along. I like how you still say friend, he is not a friend. He is a lowlife scumbag. After you get your money back after court then take the first guys advice and whoop is ***.
2007-02-25 06:45:56 · answer #1 · answered by hbroots 3 · 0⤊ 0⤋
You are out of luck, a written contract would show you two had an agreement. If the motorcycle is registered and titled under the other guy's name, and you were giving him money, without receipts, I would assume you won't do that again. If the motorcycle is registered to you, with the other guy as the lienholder, then you would be able to show an interest has been made and an oral contract may hold up in court. He still would be allowed to repo if you failed to make payments as agreed. The situation isn't much different than if you had a loan on a car and didn't make your payments, it would get repoed, and the money you have put out is lost, plus, if it was taken to an auction and sold and the amount didn't cover your loan, you are still required to pay off the loan. Be glad your friend isn't handling the situation that way, it could effect your credit for years.
2007-02-25 06:43:16 · answer #2 · answered by fisherwoman 6 · 0⤊ 0⤋
Sue him in small claims court.
If wire tapping is legal in your state, call him and try to get him to admit that you guys had a verbal contract and that you paid him $1900. Then use the tape against him in court.
It would also help if you had pictures of the bike, any receipts for service and witnesses.
2007-02-25 06:48:59 · answer #3 · answered by Anonymous · 0⤊ 1⤋
without anything written you are kinda screwed unless you paid him with a check. Take this as a lesson learned and dont buy anything without a written contract (especially here in Va).
2007-02-25 06:38:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
call a lawyer and see what legal things you can do about the situation
2007-02-25 06:44:37 · answer #5 · answered by rives 6 · 0⤊ 0⤋
beat his damn *** if you need any help get up with me. he set out to rip you off. and i totally hate people like that.
2007-02-25 06:37:13 · answer #6 · answered by duc602 7 · 2⤊ 0⤋