Legal Question in Intellectual Property in Oklahoma

Stolen Motorcycle

I sold a bike a motorcycle to a friend of mine. He has yet to pay me. He told me that it got stolen a day after i sold it to him. He told me he didn't feel obligated to pay for something he doesn't have. Our agreement on the pay was $100.00 the first week and $200.00 on his next pay period. What can I do to make him pay or get him to pay?

Thank You!!!


Asked on 8/04/04, 4:43 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Stolen Motorcycle

The lesson to be learned: Don't deliver until paid.

If your friend has no money and no assets, you are probably SOL. You could get a small claims court judgment against him (.i.e. kill his credit) and that might encourage him to pay. Go you local county court clerk and ask him or her how to file a small claim case.

If the person has money or assets, you can do the small claims case, being sure to ask also for collection costs, and then turn the matter over to a collection company if the friend ignores the Court judgment. In small claims court your debtor will have a chance to defend and to attempt to show the debt is not owed.

Botom line: cases like this are what small claims courts are designed to handle.

An attorney is advisable, but for a case this small may not make economic sense, so I advise going direct to the court clerk to see if they will help you.

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Answered on 8/08/04, 12:12 am


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