Auto Loans Gift Retraction

[metalchk]

Back in August 2010, my now former BF took my perfectly good Honda motorcycle, which was in my name (and paid in full) and traded it in at the a local Harley Davidson dealer ship on a Tuesday. On Thursday he surprised me with this gift because he didn't like hearing from me that "when i turn 50 I'll have my harley" (I'm currently 45). He stated at the moment he gave it to me that he would take care of the payments & insurance (and has done so all along) and that if this relationship did not work out that he would pay off the bike. I have several friend that he also stated this to. He also gave me the title and all the paper work to keep in my files. He did not sign the title.

We have since parted about a month ago, and I have an email trail that he took out his city (NY) annuity to pay of the bike and will terminate the insurance so that we no longer have to deal each other and go our separate ways. He has since changed his mind and wants the bike back.

I also have it in the same email trail that he stated "it was a gift" to me and now wants it back because it was for someone that he thought loved him.

I told him over the phone that if he wanted the bike we would have to go to court and he said he didn't want to take that route and needed to think about this. That was on Sat. April 9th and have not hear anything to date.

Is the law on my side?

 

[army judge]

Until he takes legal action, there is nothing you can do.

I'm not sure it was a gift, but you are certainly entitled to the value of your original bike, if it isn't a gift.

Right now, that's a meaningless argument.

See what his next steps will be.

 

[mightymoose]

You said you have the title, but is it in his name?
If so you may have to give it up, but as said above he owes you for the value of the bike you lost.
If the title is in your name then he will have a hard time getting the bike back.

Personally, I would not give him the bike back unless he paid upfront the full value of the other bike that he traded in. Don't agree to payments because you won't likely get them.

Anyway, the bike is in your possession and unless he sneaks it away in the middle of the night it will remain in your possession until you give it back or a judge orders you to give it back.

 

[metalchk]

Thanks everyone....so just so I'm clear. Having in writing that it was a gift and that he is going to pay off the bike has no validity?

As for the title it's still in his name and I have the bike garaged and changed the lock changed since he did not give me back my key to the garage.

 

[army judge]

Thanks everyone....so just so I'm clear. Having in writing that it was a gift and that he is going to pay off the bike has no validity?

As for the title it's still in his name and I have the bike garaged and changed the lock changed since he did not give me back my key to the garage.

What you consider to be proof or evidence may be nothing.
A court will ultimately have to decide the validity of the written documentation you possess.

What you do have is the title in your name.
You also had a bike that was paid for in your name.

Right now you only have veiled threats from someone that you believe to be him.

Ignore them and him.

If he files suit, then bring out whatever documentation you have to defend.

Personally, I think he's investigated things and has learned he can't touch you!

 

[metalchk]

Thank you again....I will sit tight until I hear something.

Take care m.

 

[Disabled Vet]

Back in August 2010, my now former BF took my perfectly good Honda motorcycle, which was in my name (and paid in full) and traded it in at the a local Harley Davidson dealer ship on a Tuesday. On Thursday he surprised me with this gift

Question: If your bike was traded in without you knowing..... Who signed off on the title? Did he forge your name?

 

[metalchk]

Bike was traded in w/out my knowledge on a Tuesday, bike was given to me on Thursday and I had to go and sign the title on Saturday. He had already signed the loan papers and I didn't think I had an option at that point.