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Please HELP! My motorcycle is being held hostage, how do I get it back?
I found a 98 Jeep Cherokee on craigslist and made an offer. The seller said he was leaving town that night for ten days but I could come right away. I didn't have all the money yet, so we agreed that I would ride my motorcycle to his house (just over an hour away) and leave it there until I paid the rest of what I owed (stupid) and I could take the Jeep that night. So I test drove the truck, did the deal and took it home.
The next day, I decided to get the carfax. TOTALED. Three years ago. And sold at auction three times. The craigslist ad, which I have a copy of, said it had a clean title. I also noticed that the temporary permit in the back window had been washed of ink and faked. I could see it used to be registered to a 2010 Honda which is another car his family has. I called and tried to get my money back but the seller said the deal was done and I couldn't do anything about it. I threatened to call the police and he laughed at me so I gave him two hours to decide and I hung up. However, my friends convinced me that it was still a good deal even if it was totaled, so an hour later I called the seller back and made smoothed things over and we agreed to do the original deal :0
BUT THEN I called the DMV to see if I could even register the Jeep since it had been totaled, and they told me it had the wrong license plates on it! They said I should call the police and check to see if it was stolen. So a deputy came out and verified that the truck is not stolen, but the plates are not registered to ANY vehicle. And the plates that should be on it expired three years ago. And the truck is registered to someone that lives in an adjacent state...
Now I don't trust anything this guy told me so I'm not talking to him anymore, just the police. I think he is just trying to stick me with his problem and that is not what I bargained for. I don't want the Jeep but he wont take it back, and won't give me my motorcycle back! The police said that I will have to take him to small claims to get my money back, but if I can find someone at his house, an officer will make them give me the motorcycle since it isn't included in our contract. The problem is it seems nobody is ever home! I have driven all the way out there five times now at different times of day and neither him or is mother (who he lives with) seem to be around. The neighbors offered to call me if they see anyone, but they haven't yet.
By the way, our contract just says that I paid $1300 and have to pay $700 within two weeks, but it only identifies the jeep by the (false) license plates, so I think it is void.
My motorcycle is worth more than the Jeep, so I desperately want it back and it's just sitting in this guy's garage! The police wont break in there, even if I report it stolen. I know I made some hideous mistakes here, but is there anything else I can do? I'm totally a good guy getting screwed over by a liar. I only bought the jeep because I am moving next month for school and will need something for the snow. Now I have no idea what I'm going to do! Please, please help. I need a miracle.
3 Answers
- David SLv 78 years agoFavorite Answer
The police are correct that it is a civil matter to get your motorcycle back, but I am amazed that they have not issued an arrest warrant for the guy.
Get all your documents and facts together and file in small claims for the return of both your motorcycle and the deposit you laid out. It's going to take some time to do this the legal way, especially if the guy is difficult to locate, because he first has to be served. Then he has to attend a trial and testify. However, if it is impossible to serve him OR he fails to appear in court, you may be able to obtain a default judgement against him. If you have the dough and the interest, consult a local attorney about how this might be accomplished.
If you just want your bike back and aren't too concerned about the money, go take it. You'd have to break into his garage, which is B&E and burglary, but if the guy is hiding out because he scammed you, he may not even report it. Whatever you do, good luck.
- No B.S.Lv 68 years ago
If the motorcycle is registered in your name report the thing stolen by the guy. He is not a business and almost certainly does not have a lien against it to legally keep it.
Other than that you are S.O.L.
Source(s): http://www.law.cornell.edu/wex/caveat_emptor - Anonymous8 years ago
You were scammed, and it is your own fault if the alarm bells did not ring in your head from the time of the first contact. Buying in a rush like that was always going to be a dangerous game.