Stolen Bike Yamaha FZR600 and Need Advice!

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Posted by oktokie on May 20, 2005, 4:23 pm
 
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Stolen Bike Yamaha FZR600 and Need Advice!

I am not sure if this newsgroup is right place for such questions on
what to do....If my posting was inappropriate, I do apologize in
advance. However, I really need a help on this area on what to do.

Here is my dilemma:
I have recently sold motorcycle Yamaha FZR600 over an eBay for profit.
Which sold for $2950. I have link here.
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&itemE22854390&categoryP042

I was sold and the deal was that she would pay deposit of $1500 and also
pay for the professional vehicle transportation company to haul bike
from Bayonne, NJ to St. Chales, MO. Which went smoothly. When she
received her motorcycle, she was excited and called me back to thank me
for keeping the bike in such an execellent condition. Yes, FZR600 in
Blue, Red, White is very stunning and beautiful thing( I am sorry to let
go of such a treasure but my current financial situation isn't helping me).

I have shipped the bike accordingly while I was still holding onto all
the documentation(gas changes and tires change receipt + TITLE).
Yes, I still have title to the motorcycle. Thinking this was when half
of the money was paid, I still have the half the piece of
motorcycle(logial half) while she had other physical half. So, we can
work this thing in civilized manner. This is where I was wrong. She
assured me that she would pay me quick but she came up with
excuses....(beginning of ...hem...I have the good in my hand now and I
don't want to pay the rest mentality kicked in...).

Here is the the letter
===============beginning of the letter====================
Paul,

I'm sorry I'm not trying to dodge you are anything I work nights and
when you call me I'm asleep. No I have not mailed the check.....there
has been a lot of unauthorized activity on my account there for it has
been frozen.....what I can do is send you a money order for 700 that's
what I have in my savings and been using until they finish there
investigation.

 >oktokie oktokie wrote:
 >
 >  Ray,
 >
 >    Um...I still haven't received a check from you. Did you mail the
check yet?
 >
 >    Thanks...
 >
 >    Paul


 >Do you Yahoo!?
 >Better first dates. More second dates. Yahoo! Personals
===============end of letter==============================

And after, that I would not hear from her....
I have both her cellphone number and e-mail address.

Here is my real question for you.

1)Have anyone dealt with such sticky situations?
2)Which actions should I take?
(I've already given her month by calling her in friendly manner and
leaving message that I understand that she might be under the financial
hardship and she can pay me full $1450 or...if she wants that I am
willing to go for the some sort of payment plan...like $200 every
months) no answer from her!!!!)

3) Can I report motorcycle stolen? I have called local police that he
told me that I cannot do that because it's not stolen(physically)
however, I think the bike was stolen logically because she would not pay
the half the money. What are the implications if I report bike stolen?
What can she do with bike? Chop it off and sell if by part?
After, all I have title of the bike. and Bike is still registered until
Aug 2005 by state of NJ under my name!!!
So, every thing says that I am the owner(lawise)...

Please, adivce on the matter would be appreciate!


Thank you in advance.

Oktokie
PS: I've already checked out the NJ and MO small court claims which has
upper limit of $3000. However, NJ law says that I have to file a claim
in the county where DEFENDANT lives!!! Argh. I am not sure if I can
remotely file the claim? Maybe, she will change her mind after getting
an subpoena from local court. Anyone with small claims court
experience....please give some advice..Thanks.

Posted by Michael Sierchio on May 20, 2005, 4:37 pm
 oktokie wrote:

Your bike isn't stolen, it's strictly a civil matter -- your
primary recourse is to reposess the vehicle.  There are
professionals that can do that for a fee.  If it's in decent
shape, you can sell it again.  You can still file a lien
against the "buyer" for mileage, diminished value, etc.

Oh, and if you ever do this again, make sure that your
contract defines where disputes will be ajudicated -- i.e.
in your local Superior Court, probably.

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