I bought a motorcycle from a guy who did not have the cycles title at the time. He said he needed to apply for it. After three months of promises he tells me the title was not in his name, it was in someone elses and that person died, so he's having a hard time getting it. I have numerous e-mails from this guy stating his son was driving this bike all last year (without a license?) and in each one it appears he is the current owner. He lives in Iowa, I live in Wisconsin. With all my e-mails, how hard is it to sue him? I was also told it is illegal just to try and sell a motorcycle without a tittle. Help!
2007-05-23 00:56:14 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
It's time consuming, but not all that hard to go to small claims court.
You have to go to the courthouse to get instructions as the method varies from one place to another. Or you could try to get it handled by one of the TV courtrooms.
If you were in WI when you negotiated this sale, you can take him to SC court in WI. If you were in IA at the time you purchased, you'd need to go to court in IA.
It's really bad to buy without a clear title. I have a neighbor who did this, and he's got an ongoing pain in the neck as he cannot register the car. In his case, the person who sold him the car didn't have the title as he hadn't paid in full for it when HE bought it.
You need to get him to send you a copy of the title or registration proving who owned the motorcycle and a copy of the death certificate. Without that, the "death" could be all a hoax and there could be a live owner whom he's cheated.
If you paid for it by credit card, you could get assistance from the credit card company to get your money back.
2007-05-23 01:22:01 · answer #1 · answered by Nedra E 7 · 0⤊ 0⤋
Before suing this guy, try getting a new title.
No kidding.
Go down to (or go to website of) your local DMV (or whatever it is in YOUR state) and tell 'em your story. They'll probably want some kind of documentation -but find out what it is. By the way -if the first person you talk to at DMV says they can't help you, don't believe it. This is not a place where rocket scientists work. Get a supervisor.
If that doesn't work, the small claims thing is easy. Go to the local courthouse in the jurisdiction where the transaction took place, talk to a clerk, fill out the papers. Much of this can be done online as well -at least as to the info you'll need. The paperwork includes your "story" which the judge will read (hopefully) before hearing your case. The other guy will get a summons. You two show up on the appointed day, the judge listens to you and makes a decision. If the other guys doesn't shows, you'll probably get a "summary judgement."
Now, what? You've got a judgement -but no money. This part gets tricky; you will have to put a lien on something of value, if you can, and THAT might require a lawyer.
Try DMV, really.
2007-05-23 01:06:51 · answer #2 · answered by JSGeare 6 · 0⤊ 0⤋
you have a good case. Small claims are pretty easy to file. Sometimes you can get the paperwork on line! Usually a small fee applies to file a suit. The judge will probably rule in your favor but the guy that sold you the bike sounds like a scumbag so good luck actually seeing $ back from him
2007-05-23 01:02:30 · answer #3 · answered by selery222 4 · 0⤊ 0⤋
Don't waste your time and additional money. Even if you get a judgement in your favor, getting payment is like pulling hen's teeth. Obviously, the bike is useless except as parts unless you ride it without a title and license. I would check with the DMV to find out if it is stolen before doing so. You don't want to add insult to injury by getting arrested over it.
2007-05-23 01:07:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Start with the local police. You have been defrauded my friend and they need to be involved; more than e-mail you need a police report. They might be able to handle it without a court; and if not, they can advise you of the best way to proceede.
Can't hurt to give the county clerk a call either; they know the fees and proceedures.
2007-05-23 01:15:54 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋
Why don't you apply for lost title your self? Do you have the names of the two past owners? Then go thru your local DMV and go to the county seat in Iowa. Good luck
2007-05-23 01:04:14 · answer #6 · answered by John Paul 7 · 0⤊ 0⤋
call for the 4th alloy from the organization. the organization is to blame to you, the courier is to blame to the organization. you have not got any settlement to the courier so which you will no longer call for from them. even nevertheless the organization isn't at fault right here, they are to blame to you and it extremely is as much as them to seek for restitution from the courier. Couriers insure what they carry about, reckoning on the declared fee of the cargo. meaning lost shipments like this are insured, and the organization might desire to be top reimbursed for the fee of the lost cargo, so he's not out any money changing it for you freed from charge. If he misdeclared the cargo fee to shop on transport expenditures, it is his fault and his criminal duty, and he remains to blame to you. If he refuses to deliver a 4th alloy, proceed with the small claims courtroom. he's to blame to you in spite of everything, and you will win. do no longer pass by with the small claims till you have exhausted all reasonable tries to get it with out criminal action, whether. Courts opt to be certain you have been reasonable.
2016-11-05 02:36:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Very easy to get your money back. Go to your local small claims court. They have easy forms to fill out. Fill em out.
Take em back to the court. Pay the fee. (It's not a lot of money.) Wait to get a letter with a court date and show up with the reciept from the guy you paid the money too and all of the emails. If he doesn't show up, you win. If he shows up, chances are you'll win cause it is illegal to sell without a clear title in your name. If you win, he has to pay you back all the money you spent on the motorcycle plus money for court filing fee, money for your gas to get to court to file and to get ther for court day (save reciepts), money for your lost wages if you have to take time off from work to go to court, etc, etc.
If he doesn't pay up, you can go back to court and the judge can order him to sell something to pay you or order his wages garnished.
Good Luck.
2007-05-23 01:07:56 · answer #8 · answered by txharleygirl1 4 · 0⤊ 0⤋
Go along to the court house and register your claim and they will set the time and place~~
2007-05-23 01:04:31 · answer #9 · answered by burning brightly 7 · 0⤊ 0⤋