Legal Question in Criminal Law in Colorado

I was selling my dirtbike for $3,100 to a guy named Luis Martinez. He came and looked at the bike and wanted to buy it, but only had $2,400 on him. We wrote up an agreement that he would give me the $2,400 now, and two days later he would give me the remaining $700. We both signed the document. It said "I Adam Orr. on this 22nd day of May, 2016 hereby accept $2,400 in cash from Luis Martinez Representing partial payment for my 2009 Honda CRF450R. The remaining $700 is due and owing on Wednesday May 25, 2016. Agreed to by: Sller: My signature, printed name, and phone number. Buyer: Luis Martinez signed his name, printed, and wrote down his phone number."

It has now been a week and I haven't heard from Luis. He stopped responding to me completely and has ignored phone calls, texts, and we even messaged his wife (whos phone number he gave us.) and no response. He is trying to get away with this.

I am in desperate need of that $700. My account is now negative over $150 because of this, and I have other bills due today.

My question: Could I report the bike as stolen? I know I can file a small claims case against him, but that would take months to finish. Can this be reported stolen and could I get it back?

Thank you!

Adam


Asked on 6/01/16, 9:44 am

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

No, you cannot report the bike as stolen. That would be a lie and telling a lie to the police would be a crime (then you could be arrested). Owing someone money is not the same as theft (ask your bank - you don't think they can charge you with theft for the overdraft do you?).

You cannot get the bike back without returning the $2,400 you accepted for it. I don't suppose you were planning to do that?

You can sue him for the money you are owed. When you owe people money (like your bank) they can sue you. They cannot arrest you. The same is true for you. You can sue in small claims court. Good luck.

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Answered on 6/01/16, 1:08 pm


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