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post #31 of 125 Old 06-23-2011, 9:10 AM
 
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Re: 98 CBR900RR

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Originally Posted by TommyCoffeeCake View Post
Nice. It looks like you have a solid, well organized argument.

In court I was trying to make the same basic argument, however I was much less eloquent. I was also thrown off by court procedure. I attempted to present three police reports to the court as "evidence" and the judge stopped me saying I had to have a witness to verify the documents to enter them evidence... or something like that. I went in thinking small claims court was designed for non-lawyers with guidance by the judge, but it didn't seem so.

Regardless of my experience, it looks like you have things in order. Kick that guy's legal ass.
+100% Make that thieving wretch your Beotch!
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post #32 of 125 Old 06-23-2011, 9:13 AM
 
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Re: 98 CBR900RR

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thanks she's a pretty woman for sure and just so ya'll know I'm REALLY married to her... here's one of our wedding photos!!!
Ah, but how do we know that is you in the photo??
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post #33 of 125 Old 06-23-2011, 10:45 AM Thread Starter
 
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Re: 98 CBR900RR

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Ah, but how do we know that is you in the photo??
ah you're helping me practice burden of proof!!! hehe

here is a photo of us together taken less than a week ago that shows a pretty distinguishing mark on me, the nautical star tattoo.


here is a photo I just took that shows that same distinguishing mark!
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post #34 of 125 Old 06-23-2011, 11:42 AM
 
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Re: 98 CBR900RR

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Originally Posted by uhhmoney View Post
ah you're helping me practice burden of proof!!! hehe

here is a photo of us together taken less than a week ago that shows a pretty distinguishing mark on me, the nautical star tattoo.


here is a photo I just took that shows that same distinguishing mark!
Good practice for the court!

(I could suggest that the ink on the hand looks very similar to that of the distinguishing mark.... but I won't! Ha ha!)
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post #35 of 125 Old 06-23-2011, 11:54 AM Thread Starter
 
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Re: 98 CBR900RR

lol Dan

I JUST WANT THIS COURT DATE TO BE TOMORROW! I am *SO* ready to rip this joker a new one!!!!!
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post #36 of 125 Old 06-23-2011, 12:34 PM
 
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Re: 98 CBR900RR

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Originally Posted by uhhmoney View Post
That reminds me that I need to get the police report signed by the officer and notarized so it is admissible. Thanks for that, because I didn't even think about needing to have the police report notarized. Can you think of anything else from your case that I'm not doing right or missing? If my case is a success for me, maybe I should write a "what to do if you're sold a stolen motorcycle" guide to help others avoid being run over by the court system.

What state do you live in? How long ago was your case? I wonder if there is a statute of limitations to how long you have to sue in your state, because in mine unless the parties SPECIFICALLY agree to a shorter term, you have up to 4 years to take action for any breach unless you have already taken an action for the breach you are taking action for, then the limit is up to 6 months after the first action unless your action was voluntarily discontinued or dismissed for failure or neglect to prosecute. So from what it sounds like, if the result of your court case was "judgment for the defendant" then you have 6 months from the DOJ (date of judgment) to act.
I don't think there is much else I can recommend. It really just depends on how your local small claims court is run. I thought maybe I should have brought witnesses (summoned them?) to legitimize my case, such as the SC cop who seized the bike when I reported it. But ultimately I knew I was screwed when I had to explain to the judge what eBay is--this was only about 3 years ago--and he stopped me every other minute to tell me I couldn't proceed this way or that. As I said before, I'm not a lawyer. I wasn't prepared to act as if I was. That seems asinine for small claims court, but that's how it went down.

I live in SC. I had to file the case in bum-**** county GA where this guy lives. The frame was from a bike reported stolen in TN. The engine, NC.
It was a mess.

I wouldn't do it again because it's simply not worth it. Filing costs were 100+. I didn't consult a lawyer because fees would have been a significant amount in ratio to the possible settlement if not more. I had to drive down to GA twice for mediation which was a waste of time. I traveled down there 4 times in total which I had to take time off work each time.

If I ever buy another bike from a private seller, I won't travel more than 30 minutes and not out of the same state jurisdiction. I'll also check the VIN numbers with my local DMV before... another mistake on my part. The guy had a legit GA title he somehow got using a fake TN title. Apparently they transferred it without checking the VIN. I think this guy was picking up questionable parts from "friends at the track", but who knows.

It makes me wonder how many people out there are riding around on stolen bike parts--engines, frames, and everything in between--and don't even realize it.

BTW... those are big-ass coffee mugs. You look like you're in the Starbucks witness protection program.

Last edited by TommyCoffeeCake; 06-23-2011 at 12:39 PM.
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post #37 of 125 Old 06-23-2011, 1:00 PM Thread Starter
 
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Re: 98 CBR900RR

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Originally Posted by TommyCoffeeCake View Post
I don't think there is much else I can recommend. It really just depends on how your local small claims court is run. I thought maybe I should have brought witnesses (summoned them?) to legitimize my case, such as the SC cop who seized the bike when I reported it. But ultimately I knew I was screwed when I had to explain to the judge what eBay is--this was only about 3 years ago--and he stopped me every other minute to tell me I couldn't proceed this way or that. As I said before, I'm not a lawyer. I wasn't prepared to act as if I was. That seems asinine for small claims court, but that's how it went down.

I live in SC. I had to file the case in bum-**** county GA where this guy lives. The frame was from a bike reported stolen in TN. The engine, NC.
It was a mess.

I wouldn't do it again because it's simply not worth it. Filing costs were 100+. I didn't consult a lawyer because fees would have been a significant amount in ratio to the possible settlement if not more. I had to drive down to GA twice for mediation which was a waste of time. I traveled down there 4 times in total which I had to take time off work each time.

If I ever buy another bike from a private seller, I won't travel more than 30 minutes and not out of the same state jurisdiction. I'll also check the VIN numbers with my local DMV before... another mistake on my part. The guy had a legit GA title he somehow got using a fake TN title. Apparently they transferred it without checking the VIN. I think this guy was picking up questionable parts from "friends at the track", but who knows.

It makes me wonder how many people out there are riding around on stolen bike parts--engines, frames, and everything in between--and don't even realize it.

BTW... those are big-ass coffee mugs. You look like you're in the Starbucks witness protection program.
First, your situation sucks and I feel really bad for you. It seems very convoluted and very spread out. Luckily my sale happened less than 20 minutes from me and was only between me and one individual. Luckily, I had a witness for all contact with the guy (was sitting next to me from when I called and asked if the bike was still for sale all the way to handing the guy the money). Luckily, warranties of title and breaches of them are clearly defined in my state code including: that they exist, what constitutes a breach, how long I have to notify the seller of the breach, and what recourse I have against the breaching party. I also researched other cases like mine where the plaintiff was awarded because the seller breached warranty of title.

Wifey = manager of a Starbucks.
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post #38 of 125 Old 07-19-2011, 11:39 PM Thread Starter
 
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Re: 98 CBR900RR

New info! The first of the two court cases was today. The defendant and I got in front of the judge where my formal charges were read to the defendant as well as what I was suing for. There were 3 options here:

1 - The defendant doesn't show, and I can get the judgment against him with no contest
2 - The defendant shows and does not contest the charges, judgment goes against him
3 - The defendant shows and contests the charges, goes to trial

Obviously the guy denied the charges, of course under the guise that he thought it wasn't right that he didn't know it was stolen so he didn't feel like he was responsible.

We met in front of a mediator after the court hearing, and we both discussed our sides to the mediator. It was obvious to me that the defendant was NOT prepared at all. He had done NONE of the homework he should have and had NO legal grounds of defense (which is, I believe, because none exists). I tore him a new one in front of the mediator (who admitted to me after the session was over that I have the clear advantage, both in position and law knowledge and the ability to express my points clearly and concisely), and I'm gonna tear him a new one in front of the judge. I was careful to remain close-lipped until I was specifically asked a question, so I didn't give too much of my "battle strategy" away. Anyways, the final court date is August 24, and I will be updating then with the verbal carnage that will most likely ensue.

Oh, pic related, it's me right before I went to court yesterday.

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post #39 of 125 Old 07-20-2011, 10:41 AM
 
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Re: 98 CBR900RR

Thanks for the update. Don't let the mediator get you too overconfident.
Good luck.
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post #40 of 125 Old 07-21-2011, 5:26 PM Thread Starter
 
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Re: 98 CBR900RR

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Originally Posted by TommyCoffeeCake View Post
Thanks for the update. Don't let the mediator get you too overconfident.
Good luck.
I definitely won't! So much of court is a "dog and pony show" of who can look the part and act the part and talk the part and know the part... I'm going to go in there with a humble demeanor clearly expressing the law and nothing else but that. I'm careful not to let feelings get involved because even though I feel burned up by the whole thing, I know that the quickest way not to be taken seriously is to be cocky and emotional.

Last edited by uhhmoney; 07-21-2011 at 5:26 PM. Reason: quote
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post #41 of 125 Old 07-28-2011, 11:21 PM
 
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Re: 98 CBR900RR

I feel for u bro I can't stand F'en theives. U know Iraq has a good system for theives if u steal u lose Ur hands sounds good to me imagine how low crime rates would go
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post #42 of 125 Old 07-28-2011, 11:32 PM
 
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Re: 98 CBR900RR

So how did court go? Or did I miss something?
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post #43 of 125 Old 07-30-2011, 2:57 PM Thread Starter
 
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Re: 98 CBR900RR

There are two court sessions in the county I am suing in. The first session went well and the second session is on the 24th of August. I am actually writing up a "What do?" tutorial for anybody that finds themselves in my particular situation. I am going to send it to a mod or maybe post it on this section so we can sticky it? Hopefully if anybody else comes into this sh*tty situation they can read my how-to and know what course of action to take (in my guide I am including 50 states' law on Warranty of Title - the contract which is breached by the actual sale of a stolen vehicle, dos and don'ts, my court case information for legal precedence, and general tips that I have come across during this mess).
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post #44 of 125 Old 08-23-2011, 10:21 AM
 
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Re: 98 CBR900RR

good luck in court tomorrow.
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post #45 of 125 Old 08-23-2011, 5:51 PM
 
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Re: 98 CBR900RR

Yea, I don't think he knew about it being stolen. Unless he knew the person he bought it from, and they fixed it and sat on it. Checked the Vin and seen it was not reported stolen. Why did he get his buddy to title it and not walk in the title place hisself????? I agree though. It's not really worth all that BS if he just give your money back. Just make sure it does not reflect on your record that you received stolen goods. Hope it works out for you. I would not go get a new bike though just ask more questions next time. Look for one owners. U can still get a good used bike save that money homie
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