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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I was given a harley davidison from a former 20 year

Customer Question

Hi i was given a harley davidison from a former 20 year relationship he broke up with me kept the bike was in his name but i put about 4000 dollars in the bike i have all receipts and bank statements but it was in 2013 but its been less than 6months that he broke up with me can i file In the right time frame
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. The statute of limitations to file suit on a verbal contract in California is two years. In order to prove that you had a verbal contract, you must show an offer (he said you could have the bike), acceptance (you accepted and used the bike) and consideration (you paid a lot of money to upgrade the bike and can show that).

You do have a viable breach of verbal contract claim in California to get at least the money back that you are owed, if not the bike as a whole. Since the separation took place 6 months ago when he took the bike, you have approximately 18 months left to sue for breach of contract.

Please rate my answer positively and let me know if you have any other questions or comments.

Best wishes!

Customer: replied 1 year ago.
To prove i had a verbal contract ? He would say it was my bike all friends knew it was mine no one rode it i bought all the upgrades
Expert:  Delta-Lawyer replied 1 year ago.

Those witnesses would help you prove the verbal contract. That is excellent evidence to prove your case. There are three elements that must be shown to the court in a verbal contract scenario: offer, acceptance and consideration. You have all three and if you sue him, should be able to get the bike back based on your agreement.

Please rate my answer positively and let me know what other questions you have. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions or comments. I want you to be as comfortable as possible as you move forward on this issue. Thanks