Getting bike back from someone through court? - Chicagoland Sportbikes
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post #1 of 9 (permalink) Old 09-21-2006, 03:59 PM Thread Starter
 
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Getting bike back from someone through court?

A friend of mine has a bike which is in her name only. She recently divorced however her former husband refuses to give the bike back from what I understand and also skips out on the payments. She went looking for it with her b/f a few nights ago in hopes of just taking it back since she has a key but looks like he has it parked elsewhere. What route should she take? Just go to small claims court? I think the bike is a few year old gixxer 600 so the money isn't that great.

I don't think going to the cops will do much. Should she go straight to court?

Last edited by BIGGY; 09-21-2006 at 04:25 PM.
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post #2 of 9 (permalink) Old 09-21-2006, 04:04 PM
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Call the police and ask if it should be reported stolen since they are not giving it back. Make sure she has the title/registration with her info on it and the VIN.

Since it's a vehicle that is registered, it has a different priority than a cd player would.

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post #3 of 9 (permalink) Old 09-21-2006, 04:07 PM
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What Arch said, and a bad reference for the divorce lawyer. That should have been brought up in the divorce court. Just taking it won't solve the problem, since he's got keys he'll just take it back again.

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post #4 of 9 (permalink) Old 09-21-2006, 04:12 PM Thread Starter
 
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Originally Posted by Grover
What Arch said, and a bad reference for the divorce lawyer. That should have been brought up in the divorce court. Just taking it won't solve the problem, since he's got keys he'll just take it back again.
I believe he did a quickie divorce without her somehow. She was served with papers after it was all said and done with I believe. How I don't know.
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post #5 of 9 (permalink) Old 09-21-2006, 04:14 PM
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Agree with Grover, my brother in law had problems like this. Unfortunately for him, the cops wouldn't do anything and said it was a court matter. The car was repossessed and his credit got the shaft. He won that in court, but she won everything else, so he still ended up loosing . In the end, the only winners for both parties was the lawyers

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post #6 of 9 (permalink) Old 09-21-2006, 04:16 PM
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First off, does she have rights to in in the divorce agreement? If so then call the local PD and let them help her get it back. If she enters his property without permission, she will be looking at getting charged herself.

If in the divorce agreement, he has the rights then tell her she will have to petition the court to get that property back. I don't see her letting him keep something with a loan out in her name, but they may have come to some arrangement.

Either way, any action taken without talking to the local PD could land your friend in some serious trouble.

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post #7 of 9 (permalink) Old 09-21-2006, 04:19 PM
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Call the cops and report it stolen. If he says that he won it in the divorcewhen he gets caught he will have to prove that in paper work (decree). Trust me he will be caught riding it sooner or later. Teh payment thing is a bitch so she better keep up on the payments if she wants her credit to be halfway decent.
post #8 of 9 (permalink) Old 09-21-2006, 04:26 PM
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Again, one more reason not to marry.
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post #9 of 9 (permalink) Old 09-21-2006, 05:58 PM
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My gf had a similar deal with an ex bf and a car. The only way she could repo it was if he missed three or more payments.



That quikie divorce deal simply isn't true, she would have to sign off on it.
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