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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4829
Experience:  Experienced in both state and federal court.
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can someone reposess something if you have been making payments

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can someone reposess something if you have been making payments on it ? I have a payment record with other parties initals next to most of the payments

Chris T., JD :

Good afternoon. I'll be assisting you with your question.

Chris T., JD :

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.

Chris T., JD :

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.

Chris T., JD :

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.

Customer: it was verbal contract between someone i thought was my friend
Chris T., JD :

How much did he sell you the motorcycle for?

Customer: 3grand
Chris T., JD :

In that case, you don't have a legally enforceable oral contract.

Customer: whitch i have payed more than half of
Chris T., JD :

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.

Chris T., JD :


Chris T., JD :

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.

Customer: 3thousand dollars is a lot more than 500
Chris T., JD :

Yes, it is.

Chris T., JD :

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.

Customer: 50 50 chance i might win in small claims court?
Chris T., JD :

You have a high chance of getting your payments refunded.

Chris T., JD :

That is, of course, assuming that you can prove that you did not miss any payments.

Customer: what about the bike insted of payments because i painted said bike he dident have the money to pay me so he offered to sell me the bike.
Chris T., JD :

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.

Customer: thanks
Chris T., JD :

Glad to help. If I can't do anything else for you, please remember to "rate" my answer before you go.

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