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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A Yamaha dealership sold on consignment our Motorcycle in early

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A Yamaha dealership sold on consignment our Motorcycle in early September and had 20 days to pay us. Wrote a check post dated for 10/31/08 for the amount (during this period, dealership was sold). Check is bad; insufficient funds. Do we have any legal recourse in CA?   Original title was not signed off on and no power of attorney was authorized.
You can sue the owners of the dealership for the money, you can also try to file charges for fraud, but they would likely tell you this is a civil matter. Your recourse is against the owner of the dealership for breach of contract and fraud. You should also call the Attorney General's office and file a complaint of fraud and call the DA for issuing bad checks. As far as recovering the bike, if the buyer purchased in good faith you will not be able to recover it.

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