Legal Question in Criminal Law in California

Loan!

I finance a motorcycle for a friend it got seized from us customs border, now i received a letter that they wont return it do to the driver having prior criminal history of crossing illegal into the U.S. What can i do if he doesn't want to continue to make the payments?


Asked on 10/24/07, 3:51 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Loan!

I would recommend that you contact customs and ask for the motorcycle. If you get the motorcycle back then sell it, but do not give it back to the friend. Then sue the friend for the unmade payments and the difference between the sales price and the amount owed on the motorcycle. This procedure will reduce your losses. If the payments for the motorcycle are not made it will be repossessed and sold at an auction, where the price is generally well below market price. You will then be liable for the deficiency and the costs of repossession. In the cases that I have seen the deficiency if often very close to the amount due on the vehicle loan.

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Answered on 11/03/07, 4:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Loan!

Sue in small claims court.

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Answered on 10/24/07, 5:15 pm


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