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Old 10-10-2018, 12:09 AM   #1
conradin
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Join Date: Mar 2003
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Motorcycles: Kawasaki Ninja 500R-Velorex 562, Derbi GPR50
Name: Luca
Lightbulb Smalltime Crook "took" the bike after a partial deposit and never came back

He paid me 2/3 of deposit, due to my work schedule I did not feel like taking off a day just for him to come back to pick up the bike, so I let him take the bike when I took the deposit. I do have the title, a sales agreement (including he must paid within 48 hours after taking the bike), all messaging texts, and phone log, and all his contact info.

He was dumb enough to leave his real personal info behind, including his girlfriend's.

Should I:
1. File small claims court? If so which amount should I demand (in addition to legal and serving expense) ?
a. the rest of the deposit b. full agreed upon amount as deposit is now forfeit
c. listed price on the ad d. highest bidding price by other potential buyers or e. kb value.

Keep in mind that I have no idea the condition of the bike now, so it could be valueless (maybe he crashed it, or stole some crucial parts).

2. Call up you guys since this is amount of stealing, ie, grand theft auto? Will I receive a compensation since I no longer have any idea the state of the
motorcycle? See him in jail but receive no compensation, even have the motorcycle recovered but not knowing what sort of stuff was taken out of the bike, does not help me.

The truth is the remaining amount is small. I just find it amusing that for around $500 he was willing to do such a thing, or at least he should have used a fake name and a fake, non-local, address. I would rather miss retrieving the money he owed than missing work. But then again, why not ask for advice?
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Old 10-10-2018, 12:41 AM   #2
Pushrod
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Start by filing a police report.

Theft is theft. A used car dealer would have the phone number for the cops on speed dial.

Why haven't you called?
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Old 10-10-2018, 01:13 AM   #3
conradin
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Join Date: Mar 2003
Location: Oakland
Motorcycles: Kawasaki Ninja 500R-Velorex 562, Derbi GPR50
Name: Luca
Yesterday was the sales deadline (48 hours after deposit), written on the agreement, signed. First day he said it was emergency work, so it was ok. Second day he was sick, so it was fishy. Today is the deadline, and he complained that the bike was a mess. He even claimed that he could not move it because he is not the owner of the registration. Now he refused to answer the phone or text. Amazing excuses. All via text so he could not deny what he text!

So today as of midnight, after I granted a 24 hour break, he officially possesses a vehicle not of his own, without the owner's consent. Hence the question about should I pursue the matter in civil court, or criminal court. I guess calling the police is always a good start then. Does filing a police report mean I have to wait, or I can go ahead and file a small claims, or this becomes criminal matter and I no longer need to do anything?
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Aprilia Scarabeo; ATM-Polini; BMW 75/6-IZH Sputnik; Benelli D-150; Derbi GPR50RR; Garelli Monza GT; Gilera 124cc 5v Strada; Honda MB5(2), Nighthawk 250, CM450, CX500 Trike, CB750F-Watsonian, Goldwing-Vetter Terraplane, ST1100-Champion Escort; Jawa 350TS-Velorex 562; Kawasaki Concours, ZX-6R, AR50; Kreidler MP-9; Vittorazzi-Polini; Yamaha XS1100-Kenna, SRX250, FJR1300, YSR50.

Last edited by conradin; 10-10-2018 at 01:16 AM..
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Old 10-10-2018, 05:11 AM   #4
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Show up at his house with a group of friends wearing scream masks.
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Old 10-10-2018, 05:40 AM   #5
m0t0_ryder
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Quote:
Originally Posted by Pushrod View Post
Start by filing a police report.

Theft is theft. A used car dealer would have the phone number for the cops on speed dial.

Why haven't you called?
Pretty much this.
Today.

Text the buyer first that that is what you intend to do.
Give him 1 hour (only) to complete transaction.
Then the police.

Oh, and "next time" full amount in hand before handing over merchandise.
I work at a shop that sells used moto's. One would NOT leave the property w/o payment in full.
Deposit to hold until payment in full can "hold" the bike (with seller) until buyer has fully paid.
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Old 10-10-2018, 05:47 AM   #6
dravnx
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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
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Old 10-10-2018, 06:26 AM   #7
meldog21
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https://www.wklaw.com/theft-by-fraud...ck-california/
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Old 10-10-2018, 08:44 AM   #8
NorCalBusa
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Originally Posted by m0t0_ryder View Post
Pretty much this.
Today.

Text the buyer first that that is what you intend to do.
Give him 1 hour (only) to complete transaction.
Then the police.

Oh, and "next time" full amount in hand before handing over merchandise.
I work at a shop that sells used moto's. One would NOT leave the property w/o payment in full.
Deposit to hold until payment in full can "hold" the bike (with seller) until buyer has fully paid.
Sounds like that would be a nice heads up for the guy to hide the bike John. I wouldn't warn the guy at all.
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Old 10-10-2018, 09:17 AM   #9
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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. That is a civil issue. I'm not an attorney but I slept in a Holiday Inn once.
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Old 10-10-2018, 09:20 AM   #10
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Originally Posted by dravnx View Post
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
Pretty much this.

Payment in full for test rides even.
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Old 10-10-2018, 10:55 AM   #11
usedtobefast
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Yup, small claims court for the amount you are due.

You should notify him, nicely but firmly, something like you need the full payment by 10/15/2018 noon time or you will file a small claim case against him.

Yes he is a loser jerk, but he didn't steal your motorcycle.
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Old 10-10-2018, 11:20 AM   #12
295566
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Since no one has touched on this yet, what would you all suggest he do in regards to registration?

Until the bike is signed over, he will be found liable for any and all parking tickets, bridge tolls, etc.

Presumably OP still has title in hand and has not been signed over. I'm not sure that a release of liability would be the best course of action, as then the buyer could then go and register it in his name and file for lost title, screwing OP out of the remainder $500.

Anyone have any ideas for him?
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Old 10-10-2018, 11:24 AM   #13
ctwo
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Repo

and then sue for damages...

Last edited by ctwo; 10-10-2018 at 11:26 AM..
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Old 10-10-2018, 11:30 AM   #14
295566
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Repo

and then sue for damages...
AFAIK, companies won't do private party repossessions. OP could try to drive by the guys place and see if he was silly enough to leave it parked outside and have it towed that way, but runs the risk of guy coming out and making a scene.

Perhaps the above, calling the local PD and requesting a civil standby until the bike has been successfully towed away to a locksmith who can re-key the bike?

Then sue for damages, of course.
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Old 10-10-2018, 11:30 AM   #15
dravnx
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The OP is already out the $500. R of L to cover his ass and then small claims.
Start with a demand letter stating facts. Mail certified to prove delivery.
Or forget about the whole thing and call it an expensive lesson.
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