Ask a Lawyer and Get Answers to Your Legal Questions
Good afternoon. I'll be assisting you with your question.
If you have been making payments as directed by your contract, the other person should not repossess the item, in your case, a motorcycle. If they do, you may sue them in court for conversion and breach of contract.
If you think they went through with the repossession knowing you've been making payments, you could potentially get punitive damages, which is where a judge awards you extra money as a punishment to the other side.
In theory, it could be considered stolen, but it is really unlikely that the police are going to get involved when there may be a contract dispute over whether or not payments have been made.
How much did he sell you the motorcycle for?
In that case, you don't have a legally enforceable oral contract.
You could sue him for the payments you've already made, but without a written contract, you are in a very, very difficult legal posistion.
There is a law called the statute of frauds. The statute of frauds basically says that verbal contracts are only binding if they are for the sale of goods less than $500. Anything over that requires, by law, a written agreement in order to be enforceable.
Yes, it is.
You could sue for the payments you've already made, but as far as enforcing the sale of the motorcycle, that would be extremely difficult.
You have a high chance of getting your payments refunded.
That is, of course, assuming that you can prove that you did not miss any payments.
No, without a contract, you can't force the judge to order him to sell you the bike. The most you can do is get your payments back.
Glad to help. If I can't do anything else for you, please remember to "rate" my answer before you go.