Non-Payments of Private Sale of Motorcycle

[diastiss]

My question involves personal property located in the State of: texas I'm in Galveston County

i sold my 2002 yamaha vstar 650 (approx value $2300) to an ex co-worker who i trusted back in march 2011. he agreed to make monthly payments of 100 bucks, well he since moved to south padre island in / around june. And he also quit our company to help his mom with her rental properties. He's around 25-26 years old. He hasn't paid for almost 3 months, it'll be 3 months at the end of this month. He won't answer my calls only answers through text messages, he promised to make the two months of late payments last friday. I've just about had enough of this. I'm inclinded to take a trailer down to where he lives and just pick up my bike but it would cost me around 300 bucks in gas and food to and from.

We are just going by good faith in the payments, no paperwork was made up or signed by either one of us. What are my rights now? Can i legally go down there and pick it up on his property? Can I file some sort of stolen property or unpaid property thing with the cops?


Edit: We agreed on a sale price of $2000 and he's paid 700 so far. Should be $1000 if the payments were on time.

[lurkertom]

Do you still have the title? If so, you have the upper hand as you legally still own the bike. Keep after him by text. Remind him that if necessary you will come down to recover the bike if he does not make the agreed upon payments AND get caught up with the late payments. Prepare yourself for the runaround and sob story. Be ready to go and get the bike if he does not follow through. You are out a grand so far. Don't let it slide much longer. I would enlist the aid of a burly friend if you do have to physically go retrieve the bike. Don't tell the ex co-worker when you are coming.

[diastiss]

yea i still have the title, i plan on bringing two or more friends/co-workers with me to pick it up within a few weeks if necessary.

[lurkertom]

Just a thought...If you are so inclined, you might negotiate with him - offer to "buy it back" from him for say $100.00? and call it square. He had the use of the bike since March and paid you $700 (minus your $100 buyback and the $300 it cost you to recover the bike) would still equal ~$300 "in your pocket" and you'd have the bike back and a nice little trip to South Padre Island. It could give him the incentive to stick around and not try to hide from you.

[Mr. Knowitall]

I really discourage this type of informal financing arrangement, not only because it can create real problems with insurance and liability, but because even though you're still the title owner you can end up being sued by the buyer if you engage in a self-help repossession. lurkertom's proposal of negotiating a repurchase would have the benefit of eliminating any chance that the buyer will (if unaware of your actions) call the police to report the motorcycle stolen, (if aware of your actions) hide the motorcycle, or sue you once you take it back.

[lurkertom]

^^^ Mr. Knowitall writes wisely. Informal arrangements such as you've made with your ex-coworker often end up complicated and messy. Insurance and Liability risks are at or near the top of the list. Had your ex cw gotten into an accident that caused injuries or serious property damage you could be left holding the bag of smelly stuff.

[diastiss]

I went to the police station today and talked to an officer. He told me to go back down the the county courthouse where I got the title and file a civil supenia or lawsuit to get the money back or bike. I got ahold of his mother and explained what was going on (since I've gotten checks from her on his behalf). I told her and sent text messages to him that I want the 200 owed in a few days, the 100 for this month by the end of the month or I'm going to the court house and filing a lawsuit for the bike or the remainder of the money owed.