Legal Question in Credit and Debt Law in California
Collecting from exfiance
While we were engaged we purchased a motorcycle that was put only in my name because of a bankruptcy he had. With the agreement that he would make payments. We have been seperated for a year now. He has possesion of the bike. He has been making me payments but they are late and now he is not returning calls for payment. I need to know what I can do to have him get the bike out of my name and into his. Can I repo the bike and sell it. What kind of letter do I send and how much time am I required to give him? Please help. Thanks
1 Answer from Attorneys
Re: Collecting from exfiance
The bike is registered in your name only, correct? In other words, your ex is not the registered owner (with you as a lienholder on the pink slip)?
If you are the registered owner, then you might considering sending him a letter (via both regular and certified mail) advising him that you want the bike back and that if he can't or won't return it within five days, you will report it as stolen.
If he doesn't respond with a return of the bike, you might then consider reporting it as stolen. After all, it is your bike. The police will likely not want to get involved and tell you it is a civil matter. How hard you push the police is up to you.
If you sue him, you will need to sue for breach of contract, conversion, and injunctive relief (for the return of the bike), at a minimum.
Good luck.
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