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How do I put a personal lein on a motorcycle I put $10,000.

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

How do I put a personal lein on a motorcycle?
I put $10,000. towards a bike for my boyfriend (paid by cashier's cheque noted VIN), with verbal promise of repayment. He took off, put bike in someone elses name but he drives it.

 

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State/Country relating to question: Canada

Already Tried:
Read the Act. Don't have much documentation only the bike appraisal with photos and VIN in my name and cashier's cheque from me to the original owner. No documentation from boyfriend or new owner.

Submitted: 1330 days and 6 hours ago.
Category: Canada Law
Value: CA$32
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 1330 days and 6 hours ago.

Unfortunately, your only option is to sue him and then seek to enforce the order by seizing his assets.

You can write him a letter and send it by Registered Mail, basically just saying what you are owed and why. Give him a deadline for returning the money. Tell him that if he fails to meet the deadline you will commence legal proceedings against him and will be seeking the $10,000, interest and your legal costs.

If he fails to comply you can then sue him in Small Claims Court.

If it gets that far you can post on this site again and request my assistance and I will be happy to guide you through the process.

Please click accept so that I can receive credit for providing you with this information

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.3 %
Accepts: 37608
Answered: 9/8/2009

Experience: Lawyer

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Customer replied 1330 days and 6 hours ago.

Hi Debra:

 

Thank you for the quick response.

 

Although I am not thrilled about the answer (not you but the law). I was really hoping I could go about this a different way. Of course it's a long story, but not really safe for me to go about it the way you indicated and I actually didn't think I could do anything, seeing as the bike isn't actually in his name (and never was).

 

Unfortunately, I will have to eat the loss.

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Expert:  Debra Thal replied 1330 days and 6 hours ago.

If you weren't giving him a gift then he owes you the money. It may be the case that you cannot get the bike but if you have a judgment you can enforce it against other assets or garnish his wages.

 
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