Legal Question in Civil Litigation in California

I gave a friend a motorcycle with the intention of letting them keep it until they got other transportation. I did not give them the title. I have since asked for the bike back and they refuse to return it saying it was a gift. What do I do?


Asked on 1/14/10, 12:48 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Point out to them that since title is in your name as is the registration the following will happen:

1) you will be the one getting the renewal fee notice and you will not pay so the motorcycle can not legally be used on the streets [they could call the DMV and find out how much the fee is and pay it, but the DMV should not issue them the little stick-um registeration tag put on the license plate;

2) since they will not have the stick-um re-newal tag on the plate, at some point the police will stop them, run a check on the license, and then haul them in on driving a stolen vehicle and you will tell the police when they call you that it was not a gift and you have demanded it back [even if the police just stop them it is a pain in the neck, and the next steps are worse]

3) report it to the police but they will say it is a civil matter but it may be helpful to have a police report

4) stop paying insurance on th bike and talk to the carrier and try to get the policy ended now with the right to re-instate once y get the bike back--tell friend no insurance on bike.

5) sue forthe value of the bike in Small Claims Court; it will be your word against his but you would have given them the pink slip if it was a gift. If you do not have much money, poit out to the judge why would you give such an expensive item to someone who is just a friend.

[not proof read]

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Answered on 1/20/10, 5:52 am


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