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Pearl, I loaned a Friend 10K to get her Son out of Lockup in…

Hello Pearl! Pearl...

Hello Pearl! Pearl, I loaned a Friend 10K to get her Son out of Lockup in Greenfield Indiana, back in Feb. of 2017. In return I asked for his Harley Motorcycle as collateral, which she agreed. Now more than a year later, I am not getting any call backs or text messages back from the Friend or her Son! How would I go about getting ownership of this bike? I have the title and the bike but the title has not been signed over to me.

Lawyer's Assistant: Has anything been filed or reported?

Negative

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I even have a case?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Indiana

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Answered in 6 minutes by:
3/12/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,087
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You would have to sue the friend for the return of the 10K because she technically wouldn't have had authority to pledge the bike as collateral for the loan without son's permission. If she just turned over his bike to you, and he claims that he never agreed to this as evidenced by him not signing over the title, then legally he could sue to get his bike back.

.

Your recourse is against the friend who you loaned the money to, not her son who was in jail.

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But if you were to sue both of them as defendants, they might just agree to have son sign the title over to settle the case rather than going to court and losing.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Ok, could you continue correspondence with me on this site, instead of going to another Attorney via telephone?

Sure, what other questions did you have that I can help with?

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Customer reply replied 1 month ago
I have been advised to take Nancy to small claims court over this situation, I just need to know how to take it to small claims and where I need to go to do that?

Small claims court has a limit of only $6K, so you couldn't get the full amount in IN. So to get a judgment for all your money you would need to hire an attorney and sue in a higher court. But you can sue for any attorney fees as part of your damages.

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But if you wanted to only sue for $6K, you can sue them wherever they live by going to the local courthouse and filling out the summons and complaint forms the small claims clerks will provide to start the case.

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.

thanks

Barrister

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Customer reply replied 1 month ago
Sounds good! But, what type of Lawyers would I need to contact to handle such a case? I would like to get ownership of the bike if I cannot get the 10K back. I believe the bike could be sold for 10K quite easily.

Just a general civil law attorney. This is kind of a cut and dried case against the friend... But the bike isn't really part of it if the son says he never gave mom permission to use it as collateral and she just did it to get him out.

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Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,087
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,087
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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