Legal Question in Civil Rights Law in Pennsylvania
Hello there. I'm 20 years old and seem to be in an situation in which I don't really know what I can do do get it resolved. I've never sued anyone before so the more information you can give me the better. Basically back in August I sold my Motorcycle to a man for $5,000.00. He didn't have the money to give me so we made a document and got it notarized that he had to pay me so much a month until the bike was paid off. (I know, stupid). Then when it was paid off he would get the title. He paid me $250.00 upfront so he only would owe me $4750.00. Since then I have not received another penny. He keeps putting it off saying how he is going through hard times and he will get the first payment to me soon. I've had enough of this! Now the document states he will pay me a minimum of $400.00 a month. It then states that if the payments are not made to me in the specified time until the full amount owed is paid off that I will have the option to retain the motorcycle. I then also stated that if I were to have to take legal action, that he would be responsible for all legal fees. Now I could just take the bike back, but he probably put tons of mileage on it along with probably beat it up quite a bit. I have proof of the mileage when I gave it to him and ever thing. I would be losing way too much money on it if I just took it back. What are my options? please let me know what I can do? Do I have a good case against him? On another note. Now he disconnected his number.
1 Answer from Attorneys
One option would be to retain a lawyer to send a demand letter, which would let him know that he must begin making payments or civil suit will be filed.
Another option would be to go ahead and file civil suit, but if he is having trouble making his payments, even if you win in court you may get nothing. It may be particularly hard to recover for the mileage he put on it, unless such a clause was in the contract.
I would suggest that you consult with an attorney before taking any action on this. Feel free to give me a call. I offer free consultations.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER; This post is for educational purposes only and does not create an attorney-client relationship.