Do I have the right to repossess a motorcycle from the owner if they defaulted on the money that I lent them to buy it?

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Do I have the right to repossess a motorcycle from the owner if they defaulted on the money that I lent them to buy it?

I let my then boyfriend borrow money ($2200) to purchase a motorcycle. We were in a relationship and I trusted him but I did clerify that this was a loan and he would have to pay me back. I have not gotten anything from him and it has been almost 2 months we broke up shortly after this exchange but have remained civil. I have kept all text messages between us that date from him asking for the money to him saying he would pay me in 2-4 weeks and now to him saying he is trying to get the money but hasnt shown up with it. Do I have the right to repossess the bike and him to turn over the title.

Asked on April 27, 2012 under Bankruptcy Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming the transaction with respect to the purchase of the motorcycle that you lent your former boyfriend borrow $2,200 and did not receive any security agreement signed by him concerning the motorcycle, you have no legal right to repossess it.

Rather, your recourse if in fact the $2,200 was a loan is to file suit against your "ex" in small claims court for the $2,200 with accrued interest at the legal rate from the date of the loan for common counts and breach of contract.


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