Need some legal advise on a situation regarding my older ATV. I bought the Polaris Scrambler about 2 years ago from someone I knew, but not real closely. He gave me the title, signed it, etc. I sent it into the State for my title. I continued to keep in touch with the old owner as I borrowed a trailer from him from time to time. Then he sold his house and was moving in with a girlfriend, and I lost contact with him.

Anyway, recently I noticed my registration on the Polaris had expired and I hadn't received a renewal from the State. So, I made a phone call. They did some digging and claimed they sent me a letter stating that they hadn't gotten the lein release on the ATV from the old owner (I don't recall getting this letter, and doubt that I did). Either way, I was STUPID for not noticing I had never actually received my title.

So, here I am two years later, and I can't find the previous owner. His finance company won't talk to me, only him. I've done some research, and have reason to believe the previous owner has had some financial issues and I have reason to believe he never paid it off. I've left messages with his family members, and I tend to believe he is running from me.

So, here I am with an ATV with no title. In theory, the finance company COULD come and take it from me if they knew where it was. The ironic thing is that a few months ago a friend wrecked it and it was almost totalled... had that happened the insurance company would have wanted the title! And, when I recently bought the Honda, I was considering trading the Polaris... again, I would have needed the title. I'm still considering selling it, but obviously have to get this resolved first.

So, what can I do? Small claims court? How can that work if I can't find him or get him to return calls? Other courts? Any criminal laws I can send police after him for? Any advise?

 

Probably will vary from state to state as to how it is handled. Also, the amount you paid may/will determine which court you would use.

Did you get a bill of sale when you purchased this?

I would think someone at the finance company would be willing to talk to you if you told them you might be willing to make a settlement to them for the title. Obviously, they aren't going to get any money from the person that had financed it. Depending on how much is owed, they may settle for about 1/3 of what is owed on it.

Oh, I'm not an attorney, so don't take this as the absolute truth.

But I did stay at a Holiday Inn. [img]i/expressions/face-icon-small-wink.gif[/img]

 

<div class="FTQUOTE"><begin quote>Originally posted by: Scootergptx

But I did stay at a Holiday Inn. </end quote></div>

that only works if you stay at a holiday inn express [img]i/expressions/face-icon-small-wink.gif[/img]

 

HI, IF YOUR BIKE WAS ALMOST TOTALLED WHY DON'T YOU FIND A FRAME WITH A TITLE I'VE SEEN ON E-BAY SCRAMB.$100 ETC

 

I would take the polaris to the first pit I seen, ride it until it breaks, and leave it. You got a Honda now, lol.

 

Thanks for the late replies [img]i/expressions/face-icon-small-smile.gif[/img] Actually, the insurance company had already fixed it before the title issue came up... and ironically, it DID need a new frame.

Anyway, the story had a good ending. I found the old owner, who contacted the finance company and he claimed there was a misunderstanding, he THOUGHT he paid it off, but now he had fees, interest and penalties almost as much as the original loan and he wasn't sure how he would pay it back (yeah, whatever). But, then magically one day the title came in the mail. He did not pay it back. So, either the finance company just wrote it off or the State made a mistake and mistook my request for a copy of the title I sent them (as I was pursuing criminal charges) as a request for a new title. Either way, I was happy!

And, I have since sold it to my roommate.