Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I went through a bancruptcy with a motor cycle shop i

Customer Question
opened. I had a customer...
I went through a bancruptcy with a motor cycle shop i opened. I had a customer leave his bike at my shop for approximately 3 years. When i was completing my bankruptcy all my creditors and customers were sent several letters to make claim against what monies were available. This included the customer that left his bike for so long and refused to pay what he owed. My bankruptcy was finalized in January of 2015. I sold the motorcycle for what i had invested in it. The person i sold it to signed a bill of sale that stated he would be responsible for tagging the Motorcycle. I have all the documentation from the bancruptcy along with the bill of sale. I was served with a small claims suit. What do i need to do, and can the plaintiff try to also file criminal charges. The small claims amount is $4300.00 i sent a certified letter to the plaintiff and a text message to settle this case
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 38 minutes by:
2/18/2016
Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is ***** ***** I'll be glad to assist.

Did you go through an abandonment proceeding or a mechanic's lien procedure that gave you title to the motorcycle?

Ask Your Own Legal Question
Customer reply replied 2 years ago
The owner never responded to my calls to come get the motorcycle and pay me what be owed. Then he filed a small claim suit against me. I filed bancruptcy and that stopped that suit and 2 others. Then after the bancruptcy was final i had the Motorcycle 6 months after it was final. The attorney that completed the bancruptcy told me when I asked the owner had been sent several letters to make a claim on the bancruptcy and never returned a answer to him or the bancruptcy court in Oklahoma. The attorney said the bancruptcy was final and the owner bad made no claim, so i could do what i wanted with it
Lawyer: Roger, Attorney replied 2 years ago

Ok. Thanks.

IF you didn't take title to the motorcycle through a legal proceeding, then you likely have an issue.......the motorcycle wouldn't have been a part of your bankruptcy because you didn't own the property. So, the bankruptcy would be ineffective or inconsequential to the bike's status and any ownership interest would not change.

Ask Your Own Legal Question
Lawyer: Roger, Attorney replied 2 years ago

So, if you sold the guys motorcycle without being on the title, you've probably got an issue.......and you would either have to go to the buyer and get the bike back/give him his money back and return the bike to the owner or pay the owner for the bike.

I don't see how you get around any of that because of the bankruptcy filing.......as bankruptcy doesn't allow you to acquire ownership of property (unless there's a legal proceeding that you wen through).

Ask Your Own Legal Question
Customer reply replied 2 years ago
I've tried to make contact with the guy i sold the m l motorcycle to to pay im can't get an answer. Court is on Monday so do i just take the money to court and advise the court about my attempts to pay the plaintiff to resolve this
Lawyer: Roger, Attorney replied 2 years ago

Yes, you can tell the judge that you've got his money and that you've tried several times to pay the debt. That may make the judge unhappy with the plaintiff for coming to court and wasting his/her time.

Ask Your Own Legal Question
Lawyer: Roger, Attorney replied 2 years ago

You've still got a big problem since you sold the motorcycle without being on the title / without being the owner, but if you've offered to make good on this, the judge should recognize that.

Ask Your Own Legal Question
Customer reply replied 2 years ago
Would i not have claim on the motorcycle for repairs and storage from the owner, after i pay the plaintiff
Lawyer: Roger, Attorney replied 2 years ago

Thats what I was asking about earlier......you likely had a mechanic's lien on the repairs and storage, and if you go through a legal process, you could sell the bike and collect the money owed to you.....but since you didn't go through that process, it's not likely you have much of a claim - especially since you sold the bike without actually owning it. So, you're probably better off not to press anything like that because it may backfire on you.

Ask Your Own Legal Question
Lawyer: Roger, Attorney replied 2 years ago

......as the judge could assess damages against your for selling property you didn't own (civil conversion) or it could even prompt criminal charges for theft or criminal conversion.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,949
31,949 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger 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

24,642 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,059 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

43,763 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 Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
My son is being taken to small claims court by his co signer
My son is being taken to small claims court by his co signer for a loan on a dirt bike. His payments are up to date so we are confused on what she is doing. She is an ex-girl friend and is with someon… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
In, do I need to file small claim in the county that the
In George, do I need to file small claim in the county that the business resides? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
For small claims cases in Ohio, does a corporation certified
For small claims cases in Ohio, does a corporation certified have to signed or just delivered to the place of business to considered to have good service ?… read more
Michael Bradley
Michael Bradley
JD
1,426 satisfied customers
Small claims/ Breach of contract/ Home improvement, DC,
Small claims/ Breach of contract/ Home improvement … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
301 satisfied customers
How to file a counterclaim on small claim in Texas and I in
how to file a counterclaim on small claim in Texas and I in Minnesota? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Small claim complaint I, the undersigned, claim that the
Small claim complaint I, the undersigned, claim that the defendant is indebted to the plaintiff in the sum of $4,719.00 and that the plaintiff has demanded payment of said sum; the the defendant refus… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
I'm interested in preparing a small claim against someone
I'm interested in preparing a small claim against someone but I don't have all of the receipts of what I paid. Should I still go through with it? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My small business was sued in small claims court for the
my small business was sued in small claims court for the purchase/leasing of a printer. They won the money judgment and wants to pick up computer. Is this right … read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
About this address I need to have for this small claims
Ok, so about this address I need to have for this small claims court for a builder who's breached his contract. I believe I have his permanent address (his parents or at least his mom's house). But un… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
Trying to take a company to small claims court and don't
Trying to take a company to small claims court and don't know how to figure out who to list for the defendant … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
I'm looking to possibly take a title company to small claims
I'm looking to possibly take a title company to small claims court , however I don't live in Phoenix, Az , so I may need help findin out the right person to sue since it's a major company and also fil… read more
LegalGems
LegalGems
Juris Doctorate
12,238 satisfied customers
My corporation is defendant in a small claims civil matter
My corporation is defendant in a small claims civil matter with a real estate company. We filed an answer and counterclaim to their original complaint. The case was moved up to the State Court (Georgi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Someone is trying to take me to small claims court and the
Hello someone is trying to take me to small claims court and the only reason I know about it is from my job being served as well. I have not been served and the court date is tomorrow. My job is plann… read more
Trista Johnson
Trista Johnson
Attorney
JD
19 satisfied customers
Is there a stature limitation for small claims court issues
is there a stature limitation for small claims court issues like not completing payments on an electronic or appliance … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
I filed a small claim against a company that was suppose to
I filed a small claim against a company that was suppose to refinish my cabinets in my home and she destroyed them. I have a court date but she is not picking up the certified mail that was sent to he… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
950 satisfied customers
Is it leagal for a collection to file in small claims for a
Is it leagal for a collection to file in small claims for a medical bill … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
We have received a summons for small claims court in
We have received a summons for small claims court in Colorado. I have four questions: 1. May we, the Defendants, subpoena documents from the Plaintiff such as communications between them and their att… read more
Trista Johnson
Trista Johnson
Attorney
JD
19 satisfied customers
In small claims court-Illinois-I will probably file a
In small claims court-Illinois-I will probably file a $10,000 claim. Can I also recoup any money I have spent in preparing for this claim, such as, expert witness and evaluation by an expert of the da… read more
Bill Attorney
Bill Attorney
law
2,429 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