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Moira-Lin B | We loaned my cousin money for a down payment on a motorcycle. He won't pay us. Can I put a lien on the bike? |
We already took him to small claims court and he admitted that he owed the money. But now he still won't pay. I was hoping that I could put a lien against the motorcycle so that he would have to pay us if he was going to sell the bike. |
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Jet
 |
All you can do is take him to small claims court |
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greenpony24
 |
You can't put a lien on the bike....yet. In small claims, you either came to an agreement through mediation or were handed judgement and terms by a judge (if mediation was unsuccessful). Because your cousin admitted that he owes you some specified amount of money, your case no longer revolves around the motorcycle- just what you're owed. If you came to an agreement in mediation, then you should have been given a legal copy of terms (i.e. payment dates, amounts, etc.). Now if a date that you were supposed to be paid on has passed- your next step is to file an Interrogatory Form. Normally, you mail this form to him (I would use certified mail with a return receipt to ensure that he signed for it and received it). He is required by law to complete the form, have it notarized, and sent back to you. The form asks him where his assets are (i.e. bank accounts, vehicles registered in his name, etc.). Once the court receives this form (and thus you have proven that he is capable of paying you back and is not judgement-proof), you can start contacting banks or placing liens in order to receive what is owed to you. If your cousin does not complete and send the form back, you may contact the court to ask for Interrogatory Hearing that will require him to answer the questions to the judge in person. If you received a judgement in the case directly from the judge and your cousin has not paid you back in the specified period of time, you must contact the court to tell them you were not paid. Typically, if a judge rules - the lump sum is required immediately (within 15 or 30 days). |
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open4one
|
If there was a judgement in your favor from the small claims court, you can lien the motorcycle or anything else he might own, and garnish his wages, if any. You may also be able to get a "Writ of Execution", which orders the local Sherrif to seize the motorcycle, sell it at auction, and hand over the proceeds to you. However, beware of prior liens if he bought the bike on payments. |
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yvonne21
|
Go to a debt collections agency - as long as you have in writing that he owes the money - they will send in the baliffs - probably take the bike. |
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trrymac
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what country are you in Scotland(rest of Britain has different laws) you can involve sheriff officers(bailiffs)who will repossess goods to the value of money due.But in Glasgow we would go round set about him with the claw end of a hammer and take the bike ourselves good luck with what ever method you choose |
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Kismitt
|
you would have had to put your name on the title as the lein holder when he registered it. it is to late to do it now. unless you can talk him into doing it. you are out of luck.
But if he has a judgement against him, when you took him to small claims court. He will not be able to get any type of loan again until he clears it up. |
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gina f
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I can make him pay.
http://www.amithefox.com/view/gina.html |
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SPIFIMAN1
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If you got a judgement aganist your cousin when you took him to small claims court? You can file a lien. You can also get the police involved and have the bike impounded. |
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