Legal Question in Real Estate Law in California

I got a motorcycle under my name for a friend. He was paying the bills every month until last august, when he gave the bike to his friend and he crashed the bike. The motorcycle is now totally damaged. My friend refuses to keep paying the bills. Can I take him to court? The balance for the motorcycle is about $ 18000.


Asked on 3/17/11, 8:21 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Sure, why would you not be able to sue him? But first find out if either of them have vehicle insurance to cover the damage to the bike and demand that they have the insurance pay and the two pay the difference between the blue book value the insurance will pay and the balance on the bike and any expenses you have. Find out if they have any assets to pay; judgments are good for ten years and can then be renewed before they expire for another ten years, etc. Your own insurance probably will not cover you but you can try.

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Answered on 3/17/11, 8:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Did you have a written agreement of any kind? Were there injuries or damage to anyone else's property in the accident? I assume there must have been insurance covering liability to the still-unpaid lender?! A lawsuit might be proper, but these and other facts would have to be considered by your lawyer in deciding whom to sue and how to phrase the request for money damages or other relief; also, whether an insurance company should be leading the charge on your behalf. This was a bad deal for you; you took an unnecessary risk and so far are coming out the loser.

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Answered on 3/17/11, 9:10 pm
Terry A. Nelson Nelson & Lawless

Sure, you can sue, but whether you ever can collect anything is a different question. You might get a judgment against whoever is involved, but that could drive them to file a bankruptcy possibly. You've just learned a valuable life lesson about the law, responsibility and good decisions. If this loss isn't covered by insurance, you will likely be sued by the bank, and then be compelled to bring the other parties into the case.

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Answered on 3/19/11, 1:08 pm


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