Legal Question in Civil Litigation in California

Fraud, motorcycle stolen

I recently sold a motorcycle to an individual from Ebay. He came over and wrote a check, I verified it with his drivers license. He told me to sign a transfer release paper so he had a pink, in case a police officer pulled him over. I did.

He took the bike back to his place, and I would hold on to the title until the check cleared. Today, the check bounced. Bank said it was not insufficient funds. He gave me a business card from a toyota dealer, but they have not heard of this person. Either fake check or he cancelled it. CHP says I can file for grand theft auto. CHP also verified his address for me. He is not responding to any phone calls or emails.

What can I do? I want my money and a friend from his area claims he saw the bike for sale. I still have the title. I really want the bike or the money. And is it still my ownership? Thanks.


Asked on 4/20/04, 11:29 pm

4 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Fraud, motorcycle stolen

My colleagues might disagree with me. I say, since the consideration (i.e. the bargain) was the bike in exchange for his payment, and since he didn't pay, the bike is still yours. He obtained the title transfer by fraud, which nullifies the sale.

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Answered on 4/21/04, 1:25 am
Joseph Richardson Borton Petrini LLP

Re: Fraud, motorcycle stolen

I would report the bike stolen immediately. You are standing on solid ground under the circumstances. It seems he had no intention to pay you and/or to let you know of his true whereabouts. The report also puts everyone else on notice as well that the bike is stolen.

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Answered on 4/21/04, 2:10 am
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Fraud, motorcycle stolen

I agree with the other responses to your question. In particular, I think you should report the bike stolen ASAP. If for some reason the police do not return it to you, bringing an ex parte motion in civil court may be an option for preventing resale of the bike and return to you.

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Answered on 4/21/04, 12:12 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Fraud, motorcycle stolen

How much did you sell the bike for? Anyway, I work with private investigators who find these characters if you have any legitimate information -- i.e., name, address, etc. If you have some good information on the guy, you should contact me so that we can find and sue him. You should also press criminal charges against him in any event.

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Answered on 4/21/04, 1:26 pm


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