Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I had a contract with someone over a motorcycle that was notorized.

The bike was in my...
I had a contract with someone over a motorcycle that was notorized. The bike was in my name, but they were going to ride it. In the contract it stated that they would pay the monthly payment to me by depositing it into my checking account on or before the due date of the payment. If they were late with a payment there was a $75.00 late fee (as stated in the contract that they agreed to). The late fee was made so high to try and deter them from paying late. They were making on-time payments for 3 months. They never made their payment in the month of December. They then threatened that they would drop the bike off in my driveway to avoid being messaged about the payment. I told them they could leave the bike there (in my driveway) and drop off the keys if they did not wish to pay. I am the owner of the bike (the title is still in my name). This person is now threatening to sue me for the payments they have already made (in essence looking for a refund) and they are saying that I have breached my contract. Because we had a legal contract where they were a buyer and I the seller I feel they have breached the contract by failing to pay. Plus, rather then pay, they returned the bike. This was not a rental contract, it was a buyer's contract. Who is right in this matter? Do I owe this person money? Do they have a case?
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
1/1/2011
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Verified

Dear JACUSTOMER - Based on these facts you do not owe anyone anything. They breached the contract by not paying and since the bike remained in your name and they were making payments it would legally be considered the same as a rental or a lease regardless of what you called it. I'm not certain of all the terms of your agreement but theoretically you could file a suit against them for the rest of the rental payments.

 

I doubt that it would be worth your while to sue them but if they sue you then I would file a counter claim for the balance of the rental payments. The buyer breached the contract, not you so I don't think there is any question that you are correct. If this goes to small claims court you can hire an attorney if you wish but most attorneys will not practice in the small claims court and would remove the case to the general court system.

 

Dave Kennett

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Verified
Dave Kennett and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
27,690 Satisfied Customers
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

Dave Kennett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a Colorado corp. and would like to use small claims
I am a Colorado corp. and would like to use small claims court to set aside a contrac, is this available … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
In 2014 we were sued in Small Claims Court, LA County. After
In 2014 we were sued in Small Claims Court, LA County. After we failed to appear the first time a new hearing was set which we appeared. After the testimony and judgment, the Judge's decision was in f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
256 satisfied customers
Is there a time frame you can file for small claims in IA?
Is there a time frame you can file for small claims in IA? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
If I lose in small claims court, will I be responsible for
If I lose in small claims court, will I be responsible for plaintiff's court fees? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x