What to do if I bartered a motorcycle to a handyman from out of state to do work on my home and he has the bike but failed to complete all of the work?

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What to do if I bartered a motorcycle to a handyman from out of state to do work on my home and he has the bike but failed to complete all of the work?

We have a basic contract that list the work to be done and a dual sign off for each task that has been completed. The real issue is him being in one state and me being in another. Do I have to file a case in my home state or can I file a case against him in his state? Also, If I have the title and the contract in my possession, but he has the motorcycle and no paperwork (he was supposed to get the paperwork and bill of sale when he finished). Can I just take the bike back?

Asked on October 10, 2013 under Business Law, District of Columbia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

No, you can not just take the bike back.  You have a contract.  Where you can sue to enforce it probably depends on where it was entered into, although generally you can always sue a defendant where he lives.  If your preference is to file in his state, you should be safe with that choice.


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