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Jack R.
Jack R., Lawyer
Category: Consumer Protection Law
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Experience:  Court Mediator, foreclosure attorney
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PLEASE ONLY RESPOND BY 3AM EDT (New York): Trying to sell a

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PLEASE ONLY RESPOND BY 3AM EDT (New York): Trying to sell a $1,000 bicycle. Person coming tomorrow agreed to payment plan and sent me a document stating his name and address and how he will pay. While the address exists, the cell number is XXXXX a different part of state. How can I be sure who he is (contact off of CraigsList)? Is having him provide some ID for notary enough should he make 1st payment and no more re small claims action to try and get the rest should he not pay?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Jack R. replied 10 months ago.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

You can get a copy of driver's license, and a credit card #XXXXX and social security number. This will at least give you his identification data.

You should create the paperwork for a secured interest (financing statement) in the bicycle. This would allow you to reposes the bicycle in case of non payment.

The financing statement is filed with the secretary of state. In the description of the property be sure to include description and serial number. Make sure you also create a bill of sale, and a document describing how the payments are to be made. Keep copies of everything.

Here is a link to the states financing statement.

http://www.dos.ny.gov/forms/corporations/UCC1.pdf

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 10 months ago.

Can I attach what he wants me to agree to and can you send me a link or format for a bill of sale? Thank you.

Expert:  Jack R. replied 10 months ago.
You can attach. I'll see if i can find a link to a bill of sale.
Expert:  Jack R. replied 10 months ago.
Here is a link to a bill of sale

http://anpr.legalaccessplans.com/ldoclib/doc_024.pdf

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 10 months ago.

Wont do attachment. Thank you for link. Here is text (I put in notary data. Havent heard from him about it yet):


 


This agreement is between NNNNNNNN and MMMMMMMMM : 10/18/2013


I MMMMMM agree to pay NNNN a total of $ 650.00 for one BBBB [Model] MNMN bicycle, over a period no more than three months. The initial payment will be in the amount of $125.00…. for the month of October, 2013.


The Balance of the agreement will be paid over the following two months, ending in December 2013:


October payment received______________________________________________ Date Amount NNNNNNN


November payment received_____________________________ ______________ Date Amount NNNNNNN


December payment received____________________________________________ Date Amount NNNNNNN


Thank you NNNN for your generosity and kindness Respectfully, MMMM.


His name cell telephone and address (which does exist but not with his name)


Signature ________________________________________


My name and NOT my telephone number, my address, but not my apartment number.


Signature_________________________________________


 


Sworn to before me this day_________of_________________20____


_____________________________________________


Notary Public

Expert:  Jack R. replied 10 months ago.
You need to add instruction for payment e.g. check, money order etc.

You need to add where payments should be made and an exact due date e.g. October 1, 2013 for each payment. Instead of "Payment received" it should Sate "Payment Due". You will need to include your apartment number if that is where payment is to be made.

You should add a statement indicating that if payments is not made on time you reserve the right to accelerate the note. You can also include a late payment charge should be reasonable e.g 2-5% of the amount due.

You don't need a notary, but you should copy down his driver's license number.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Jack R., Lawyer
Satisfied Customers: 6147
Experience: Court Mediator, foreclosure attorney
Jack R. and 11 other Consumer Protection Law Specialists are ready to help you
Customer: replied 10 months ago.

Did you send this additioinal link? The question was answered (thank you) and I submitted a rating. I told JA I would expand on a comment link if they provided one and they havent followed up. Thank you, I would like to ask for you again at some point if you agree.

Expert:  Jack R. replied 10 months ago.
No up must be following up
Customer: replied 10 months ago.


What do you rmean 'up'?

Expert:  Jack R. replied 10 months ago.
They schedule a note to see if mote assistance is needed

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