QUESTION
do I have any rights , four yrs ago my son and his wife bought me a used Harley from a dealer which I would be responsible for the payments !
Asked on Jul 13th, 2017 on Family Law - Florida
More details to this question:
The bike was bought for me in Mi , my trucking job transferred me to Fl in Feb 2017 . I put about $1600.00 down never missed a payment and had four thousand dollars worth of customizing done at motor city HD winter of 2015 , now he is flying down here to help my daughter move back to Mi in Aug and informed me he is coming to take the bike , he says if I give him any trouble he will call the police and say I stole it , if I remove any parts off it he will file charges ! What can I do ? He's 25 and seems all his friends are getting bikes , so since he has blown up his credit they won't finance him , two yrs this bike will be paid for and I'll have lost about $21,000.00 dollars
1 ANSWER
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Lynn W. Rhodes, P.A. Attorney and Counselor at Law
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IF you have the title to the bike, it is yours - if you have a written agreement between you and your son, that may be enforcable. If you have nothing in writing and the title is in his name, you will have a hard time trying to convince anyone it is yours. Also, if the payments are being made on a loan that is in his name, that poses a problem as well. The next rpoblem is, even if you show payments and improvements, the court could construe those as "gifts" to him.
Answered on Jul 17th, 2017 at 8:59 AM