Legal Question in Credit and Debt Law in Pennsylvania
i wired someone alot of money to buy a motorcycle and now this person will not return any of my phone calls or pay me back my money i have possition of her harleydavidson motorcycle now and i was wondering if there was anyway i could put a lien or even take ownership of her bike for the money she owes me? the amount of money she owes me is over 10 thousand dollars.
1 Answer from Attorneys
First, if you bought and paid for a motorcycle and you have the motorcycle, then why didn't you get the title to the motorcycle as well? The owner should have signed title over to you. Do you have a bill of sale?
Second, why does the person who owned the bike have to give you any money back? You bought the bike and you have the bike. Once a sale occurs, such sales are usually final. Was there some kind of fraud or deception?
Or is this even a sale? Did you loan the person money and take the bike as collateral? If so, then do you have a loan agreement? Did you seek to file a lien on the title to the bike? If you did not do that, you must get a judgment first. Once you have that, you may be able to have the sheriff take and sell the bike.
You really do not provide enough information. And this is not a credit or debt collection issue - it concerns general consumer or contract matters. Where does the seller/borrower reside (if this was a sale/loan)? In Pennsylvania? Or elsewhere? If she lives out of state, then you may wish to consult an attorney in the state where the she resides to determine what, if any causes of action you can bring. You cannot sue in small claims in Pennsylvania and, unless the person owns property in Pennsylvania (besides the bike), then a judgment there will not help you as you will have to transfer and register it in the state where she does own property.
And you cannot lien or take ownership of her bike.