Legal Question in Civil Litigation in Maryland
Options to recover my property
The loan for a motorcycle is soley in my name. My friend signed a promissory note guaranteeing monthly installment payments and the payment of insurance to me. He made the first two payments, and paid monies for title and tags, but is now 1 month late paying on the motorcycle. Only title (in my name) was obtained because insurance was never bought for the motorcycle. The motorcycle still remains unregistered so I have no idea if he is driving the vehicle illegally which is his only option. The promissory note contained an address where all notices were to be sent. After sending a certified letter of late payments, I was informed by the Post Office that the address was no longer current and no forwarding address listed. The promissory note only contains a provision for making the entire balance due after notice, but provision requiring the return of the property if debtor is in default. The promissory note is not notarized or witnessed by anyone.
Questions: Do I have an action for replevin? and/or Can I sue for breach of contract and obtain the motorcycle back?
Any assistance is greatly appreciated.
1 Answer from Attorneys
Re: Options to recover my property
Your question is somewhat hard to follow as to the facts, but as I understand it your agreement with provides for return of the motorcycle if your friend defaults on the payments. Under the circumstances, his failure to return it upon demand creates a cause of action for detinue, which is similar to replevin. But your problem appears to be finding him and the motorcycle.
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