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post #46 of 125 Old 08-23-2011, 6:03 PM
 
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Re: 98 CBR900RR

Crap I missed all those post... LOL. I take it the a hole didn't pay. Wow! That's crazy!! Someone needs to bit dudes nipple off.. I hate slick mf's like that. I hope u come out the winner home boy. Good luck!!
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post #47 of 125 Old 08-24-2011, 9:11 AM
 
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Re: 98 CBR900RR

Good luck today. And i'd say don't bit his nipple off.. LOL.. Probably won't help your case.
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post #48 of 125 Old 08-24-2011, 10:05 AM
 
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Re: 98 CBR900RR

Don't listen to rendall. If the case goes your way then cool, but if it don't you say " but judge" and think Mike Tyson! Dive over the table, and denipple his ass.. he'll never forget it.
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post #49 of 125 Old 08-24-2011, 10:18 AM Thread Starter
 
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Re: 98 CBR900RR

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Originally Posted by Rendell View Post
Good luck today. And i'd say don't bit his nipple off.. LOL.. Probably won't help your case.
up early preparing my court packet! I've got a briefcase full of documentation and I'm ready to go rip this guy a new legal one! He doesn't have a legal leg to stand on so I'm not sure why he wouldn't just give me my money.. but as I said before his attitude about this whole thing is very juvenile. I can't count the number of times he said "it's not fair to me." IT WASN'T FAIR TO ME EITHER THAT I PAID FOR A BIKE AND FOLLOWED THE LAW TO THE LETTER WHEN I TITLED AND REGISTERED IT AND THE POLICE JUST TOOK IT AWAY!!!! I feel the saying "sh*t rolls downhill" is very appropriate at this point. He will just have to go to the guy who sold him the bike and hope the guy isn't as much of a jack-hole as he was to me! Either way, folks, I'll be updating after court today (3pm EST) and hopefully I'll be walking away with a judgment in my favor! Thank you all for your well wishes so far and keep your fingers crossed for me!
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post #50 of 125 Old 08-24-2011, 10:41 AM
 
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Re: 98 CBR900RR

This is an up the chain situation. What the other guy would be advised to do is start his own action against the guy he purchased the bike from. If in fact he too was duped. His resistance in the story so far to do so makes me think he knew exactly what he was selling you.

More over, why haven't the police paid this gentlemen a visit? I mean seems like the obvious next stop for them would be this dudes front door.
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post #51 of 125 Old 08-24-2011, 11:13 AM Thread Starter
 
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Re: 98 CBR900RR

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Originally Posted by Stick View Post
This is an up the chain situation. What the other guy would be advised to do is start his own action against the guy he purchased the bike from. If in fact he too was duped. His resistance in the story so far to do so makes me think he knew exactly what he was selling you.

More over, why haven't the police paid this gentlemen a visit? I mean seems like the obvious next stop for them would be this dudes front door.
He seems to think that the justice wave needs to skip him and hit the guy before him... like I said before, his attitude is either just plain ignorant (how can you read the law any other way than it is worded?) or he is just being difficult and juvenile. Here is the problem with that: I didn't have a contract for the sale of a vehicle delivered in good title with the person who sold him the bike. The person who breached the warranty was in this case the seller, because he asserted that he was selling an item in good title when in fact, he was selling an item with defective and invalid title. I never met or entered into agreement with whoever sold him the bike, thus, I have no legal recourse against that person.

Although I can't say much about exact details, I can say that the police informed me that they are fully investigating every person involved in this bike's history since it was stolen in case it was part of a larger group of motorcycle thefts that is going on between NC and VA

Last edited by uhhmoney; 08-24-2011 at 12:40 PM. Reason: more info
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post #52 of 125 Old 08-24-2011, 11:41 AM
 
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Re: 98 CBR900RR

Quote:
Originally Posted by Stick View Post
This is an up the chain situation. What the other guy would be advised to do is start his own action against the guy he purchased the bike from. If in fact he too was duped. His resistance in the story so far to do so makes me think he knew exactly what he was selling you.

More over, why haven't the police paid this gentlemen a visit? I mean seems like the obvious next stop for them would be this dudes front door.
In most cases, local police are not going to go through the trouble of trying to thoroughly investigate a situation like this and then bring charges because there is little incentive to do so.

Unless the guy has an existing record of theft, he'll just claim he was also a victim and investigators will accept it. They file a report and move on to more important things.
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post #53 of 125 Old 08-24-2011, 12:39 PM Thread Starter
 
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Re: 98 CBR900RR

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Originally Posted by TommyCoffeeCake View Post
In most cases, local police are not going to go through the trouble of trying to thoroughly investigate a situation like this and then bring charges because there is little incentive to do so.

Unless the guy has an existing record of theft, he'll just claim he was also a victim and investigators will accept it. They file a report and move on to more important things.
this. especially since the total $ amount was less than $5k USD they don't really have much motivation to pursue unless it is a huge ring of motorcycle thefts or involving drugs, etc. I don't suspect that much will come of any investigation... but i made d*mn sure was compliant and cooperative with the police so that if any stuff ever came back, my name will be clear! They never charged me with anything and because I was the one who came forward and made the initial contact on the first day that I was made aware of the situation, I am in the clear.
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post #54 of 125 Old 08-24-2011, 5:31 PM Thread Starter
 
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Re: 98 CBR900RR

BOOM BABY! JUDGMENT FOR THE PLAINTIFF FOR NOT ONLY THE MONEY THAT I PAID FOR THE BIKE, BUT THE COSTS OF ALL THE PARTS AND SERVICE DONE TO IT, PLUS COURT COSTS, PLUS INTEREST!!!!!

I'll give a detailed synopsis tonight when I can sit down and put everything in order in my head. I will say this - the judge straight GRILLED Mr. Aguilar (the guy who sold me the bike). I had a hard time not smiling while she broke down every statement he tried to make...
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post #55 of 125 Old 08-24-2011, 6:03 PM
 
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Re: 98 CBR900RR

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Originally Posted by uhhmoney View Post
BOOM BABY! JUDGMENT FOR THE PLAINTIFF FOR NOT ONLY THE MONEY THAT I PAID FOR THE BIKE, BUT THE COSTS OF ALL THE PARTS AND SERVICE DONE TO IT, PLUS COURT COSTS, PLUS INTEREST!!!!!

I'll give a detailed synopsis tonight when I can sit down and put everything in order in my head. I will say this - the judge straight GRILLED Mr. Aguilar (the guy who sold me the bike). I had a hard time not smiling while she broke down every statement he tried to make...
Damn dude. Good for you. And kudos to the Small Claims Court and Judge there in Virginia. Somebody finally got something right for a change.
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post #56 of 125 Old 08-24-2011, 10:36 PM
 
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Re: 98 CBR900RR

Rockkin..
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post #57 of 125 Old 08-24-2011, 11:35 PM
 
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Re: 98 CBR900RR

Great job.... I'm glad it played your way. Now, I hope they make this dude pay up at once, and not BS probation, and monthly payment crap.. Happy for you on the outcome of that...
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post #58 of 125 Old 08-29-2011, 11:43 AM Thread Starter
 
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Re: 98 CBR900RR

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Great job.... I'm glad it played your way. Now, I hope they make this dude pay up at once, and not BS probation, and monthly payment crap.. Happy for you on the outcome of that...
he has a couple more days left to decide if he wants to appeal it, I'm not going to do anything until he decides whether or not he is appealing. if he does appeal, he has to pay the state the entire amount of the judgment plus 1 year of interest for an "appeal bond" that will be given to me when I win the appealed case. so that makes it hard for him to just appeal to try to give himself more time as he'd be paying anyway. Either way... there will be no monthly crap for me. After his appeal window is closed, I'm giving him 10 days to pay then i'm filing a levy with the Sheriff's department. What that does is allows the Sheriff to go to his house, remove an item of property that is at least as valuable as my judgment, then sell it and give me the money. I know he has the money and I don't think he wants me to do this, so I'm pretty sure he's gonna just pay up...
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post #59 of 125 Old 08-29-2011, 12:15 PM Thread Starter
 
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Re: 98 CBR900RR

Ok so I promised a transcript of court for y'all... there was a lot said in court but I will post it bit by bit until I get done with the whole thing...

Got to court with my wife and my dad about 10 minutes early. Sat outside the courtroom and watched as some sketchy looking guy paced around, looking at the court docket and looking around. He left about 2 minutes later. The bailiff opened up the court room and my group walked in. We sat there for a few minutes talking about the recent earthquake to the bailiff until my defendant came in. He was with his son (who was there when I bought the bike), a police officer I had never seen before, and the detective who had originally come to my house. I couldn't figure it out before, but the detective looked really familiar and I had told him that day that I knew him from somewhere. When he stepped into the courtroom, my dad immediately recognized him as the husband of a VERY close friend of the family! So THAT'S where I knew him from! Defendant said he had one more witness that was making his way to the courtroom, it was the guy who sold him the bike. Guess who it was? The sketchy looking guy from earlier! Baggy jeans, beat up tennis shoes, a tee shirt, and dirty looking dreads held together with a rubber band. The bailiff made him step outside and tuck in his shirt. Seeing how many witnesses Defendant had called kinda made me nervous because I wondered if he had found some loophole that I hadn't heard of. My heart was beating out of my chest for a few minutes until I heard the Judge's door open. ALL RISE! "Ok, game time" I told myself. The judge called the court to order and called the two parties, swore in the witnesses, and instructed me to take the plaintiff stand and him take the defendant stand. She was very stern as she reminded me that I bear the FULL burden of proof and that at NO time does the burden of proof shift from me. I was not phased, because as you all have probably read, I've done my homework to get ready for this day. She reminded both of us that when we speak, we are to stand, and that after we speak we may be seated. She told me, as the plaintiff, that I had the opportunity to give my side of the story and then offer a rebuttal to any of his points at the end. So I began. "On April 11, 2011, Defendant and I entered into a contract for the sale of a 1998 Honda Motorcycle, a CBR900RR. Defendant presented himself as the legal owner of the vehicle, was in possession of a seemingly valid title, and gave no reason to believe otherwise. I paid him the sum of X dollars for the vehicle. I found out on June 14, 2011, after having titled and registered the vehicle the same day I purchased it, that it was actually stolen as of August 15, 2010, from an individual in Franklin County, Virginia. I contacted police to figure the situation out and to see if the vehicle was truly stolen or if it was marked so due to misfeasance. Upon investigation, it was found out that the vehicle was indeed stolen, and it was impounded from my property that day. I contacted Defendant to let him know about what happened and to inform him of my options for recourse. During the 2 months I owned the vehicle, I put X dollars into it during reasonable care and maintenance, and that is why the amount on the docket is more than the amount I paid for the vehicle. I claim that as incidental damages under Virginia code xxx pursuant to Virginia code xxx, where it states "There is in a contract for sale a warranty that the title is good and rightfully transferred." Since Defendant was not the legal owner of the vehicle as evidenced by it being reported stolen as of August 2010, he was in possession of a defective title which he passed on to me. Also, as a 3rd party not in legal ownership of the vehicle, he was not able to rightfully transfer title or possession to me. The vehicle sale, at tender, was in breach of the warranty of title as I previously stated. I am within the four-year statue of limitations outlined in Virginia code xxx." Then I sat down. The judge nodded her head in satisfaction, probably due to my good vocabulary and knowledge of state code. She then turned to Defendant and said "How do you answer?"

Anybody enjoying this so far and interested in hearing the next part? I don't want to type all this for nothing, haha.
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post #60 of 125 Old 08-29-2011, 12:34 PM
 
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Re: 98 CBR900RR

Yep, keep typing.
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