Legal Question in Credit and Debt Law in Texas

me and my wife signed to get a motercycle

for her brother in law over a year ago and we signed a contract on the agreement that he'd have the bike paid off by may this year.

not only has that not happened, but i just found out he gave the bike to a friend of his in dallas without telling us for the past few months, but the guy who has the bike won't return my calls so i can figure out what's going on. also this friend of his has altered the bike with $11,000 still on the bike in my wife's name.

obviously the 1st question is what we need to do to sue the brother in law who also isn't returning phone calls. but i also need to know if we should report the bike as stolen since we don't know this person in dallas, and he won't return calls when i try to get a status on the bike. as you can see we need some help.


Asked on 11/27/09, 7:06 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Whose name is on the title to the motorcycle? This makes a big difference.

If your wife's name is on the title, you should sue (a) the brother-in-law and (b) the guy who has the motorcycle in his possession. Name him as a party, and have him served. This should change his attitude.

The lawsuit should contain a request for a temporary injunction about moving or altering or damaging the machine itself. It should also ask the Court to order everybody and anybody to return the machine to you immediately, at the other party's expense.

You can try to "report it stolen," but I'm going to bet that the police won't give you the time of day.

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Answered on 12/09/09, 12:30 pm


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