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Old 10-11-2018, 07:02 AM   #16
bojangle
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Its a civil matter not criminal. You let him take the bike. He didn’t steal it. You have to take him to small claims court and file suit for your actual documented damages. If you’re out $500, that’s what you sue for
This.
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Old 10-11-2018, 09:42 AM   #17
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Just to be a devil's advocate...

Maybe the check is in the mail?

Maybe he crashed and is in hospital.

Maybe the dog ate his homework chewed up your contact info?
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Old 10-11-2018, 10:08 AM   #18
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If you repossess the bike then you have to return some/all of his deposit?

Kind of surprised in this day and age and with all of the stories of deals with we just met for 5 minute characters gone bad that anyone would allow someone they don't know take possession of a car/bike without full payment being done and done based on dime a dozen promises.
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Old 10-11-2018, 10:57 AM   #19
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The guy didn't use fraud or deceit. He didn't pay his bill. The bike was given to him with the understanding that he would make a final payment. He didn't make that payment.
Did he promise to pay the balance in December?



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Old 10-11-2018, 06:28 PM   #20
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Even though you let him leave with the bike, you did so under false pretenses. File a police report.
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Old 10-11-2018, 07:35 PM   #21
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Even though you let him leave with the bike, you did so under false pretenses. File a police report.
What false pretenses are you referring to? He let the guy take the bike in exchange for a partial 2/3 payment. They had an agreement to exchange the final payment for the title, and that hasn't happened. It's a civil issue that could have been 100% avoidable. I doubt the police will do anything beyond recommending small claims court or maybe a civil standby to help complete the deal.
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Old 10-11-2018, 10:13 PM   #22
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At best this is going to be made an information only report when you go in to make a report. Its simply going to contain your statement and likely be closed immediately. Its a civil issue. Take the guy to court and learn not to take partial payment for anything you sell. Get all the money or move on. This will likely end up being more time than it is worth.
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Old 10-12-2018, 09:15 AM   #23
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clearly, you need to file a civil suit, period.

I would leave a message you're turning it over for police action of a stolen motorcycle. He may be stupid enough to believe it, get scared, & come thru with the final payment.

Most likely: all his info is bogus. The bike is someplace else. File the suit & write it up to a learning experience.

As mentioned, never release an item (any, bike or otherwise) unless full payment is in hand...period.

good luck
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Old 10-12-2018, 09:51 AM   #24
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Sue in small claims court.

Maintain your FULL insurance coverage.

You could also just show up and repo the bike as his failure to make the payment is a breach of the sales contract and thus you could treat the contract as being rescinded, take the bike back and refund his deposit.

Expensive lesson.

Never let the bike leave your possession until you are paid 100%
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Old 10-12-2018, 10:29 AM   #25
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Originally Posted by motomania2007 View Post
Sue in small claims court.

Maintain your FULL insurance coverage.

You could also just show up and repo the bike as his failure to make the payment is a breach of the sales contract and thus you could treat the contract as being rescinded, take the bike back and refund his deposit.

Expensive lesson.

Never let the bike leave your possession until you are paid 100%
Bad advice. Breaching a contract is a civil matter. Unless you have a contract stipulating repossession in the event of failure to make payments and you are a bonafide lender, taking the bike back becomes a criminal matter and you become the criminal.
Complete a release of liability form and submit it to DMV. Keep a copy. Cancel your insurance. Move on.
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Last edited by dravnx; 10-12-2018 at 10:35 AM..
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Old 10-12-2018, 10:39 AM   #26
orbframe
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how many times i've had to teach people "judge judy court" vs "criminal court"
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Old 10-12-2018, 11:07 AM   #27
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Originally Posted by dravnx View Post
Bad advice. Breaching a contract is a civil matter. Unless you have a contract stipulating repossession in the event of failure to make payments and you are a bonafide lender, taking the bike back becomes a criminal matter and you become the criminal.
Complete a release of liability form and submit it to DMV. Keep a copy. Cancel your insurance. Move on.
if you still have the title, you can't go pick up a bike that belongs to you (and has no paperwork with his name on it)?
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Old 10-12-2018, 11:52 AM   #28
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Of course you can pick up the bike but if he reports it stolen, you may get a knock on your door. Think of this.
Judge: Did you let him take the bike
You: Yes I did
Judge" Did you take the bike back without his permission?
You: Yes I did.
Also, do you think this guy is leaving the bike so that it can be taken. He knows he owes on it.
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Old 10-12-2018, 12:29 PM   #29
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Will the police take a theft report on a motor vehicle that doesn't belong to you?
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Old 10-12-2018, 04:08 PM   #30
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Unless you have a contract stipulating repossession in the event of failure to make payments and you are a bonafide lender, taking the bike back becomes a criminal matter and you become the criminal.
Yeah, all the perks go only to the big institutions.
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