Legal Question in Credit and Debt Law in Ohio

Motorcycle Repossession

I purchased a motorcycle for a boyfriend last year with the verbal intent that he pay me back. He was listed as owner, me as lienholder. When he didnt pay me back, I had the title transferred to a repo title as me being the owner of the vehicle now. However, he has always still had possession of the bike. Since we are ending our relationship I have asked to have the bike returned to me. I am in PA, he in OH. I have been informed that he has moved the bike to his girlfriends house and is trying to hide it from me and keep it even though it is in my name and he has no legal tags on it.

What are my rights and what is the best way to go about obtaining what I own? I cant seem to find a repo company that will do this for me as I am not a lending institution. Can I legally report the bike stolen and inform the police that I think I know where it is.

I could really use some great legal advice on this in light of my own stupidity.

Thanks in advance


Asked on 11/22/04, 12:55 pm

2 Answers from Attorneys

Re: Motorcycle Repossession

Mr. Johns is right, however, you will NEVER get more than 70% of what you loaned your boyfriend back from re-sale, so I'd do 2 things - FIRST, file suit for the full amount of the loan, and SECOND, talk to a repo company about taking the vehicle back.

You have to sue him in the county where he resides in Ohio.

If you ask for the full amount back, he will asert the motorcycle was a gift, and his. You say it wasn't a gift, or I would not have had myself put on the title as lienholder. He is more llikely to give you the motorcycle back at this point. Between all the costs, you MAY not get a lot of your money back, but personally, I'd still do it. With luck, you get your judgment and the motorcycle. Re-sell the bike, and hope you collect the balance from the ex later. If he does not have a decent job, and is stable in his work, it is unlikely you will ever collect the balance, or at least all of the balance from him, but again, I'd try to do it anyway, just on principle.

Good luck.

Read more
Answered on 11/23/04, 11:49 am
Mark Johns Mark Johns, Esquire

Re: Motorcycle Repossession

Self-help repossession is legal as long as a breech of peace does not occur. If it is in a garage, you would have to break and enter to repossess therefore you would breach the peace. You therefore must file a complaint for possession of the motorcycle in Ohio.

Read more
Answered on 11/22/04, 3:03 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Ohio