Small claims boat

[Waldvogelk]

What is the name of your state (only U.S. law)? Wisconsin
Hi I sold a boat to a friend and he had me sign the title over to his mother. We made an agreement that he would pay me the remainder by oct 1 2016 which he didn’t. I took him to court and sued him and won. He is in prison and I still have the title for the trailer and his family moved the boat and trailer without my permission ie cut a lock. I want to know how I can get either paid which I know they don’t have the resources for or how to repo the boat. The boat is worth less than 10k.

Do I file a replevin lawsuit against him and his mother?

Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? Wisconsin
Hi I sold a boat to a friend and he had me sign the title over to his mother. We made an agreement that he would pay me the remainder by oct 1 2016 which he didn’t. I took him to court and sued him and won. He is in prison and I still have the title for the trailer and his family moved the boat and trailer without my permission ie cut a lock. I want to know how I can get either paid which I know they don’t have the resources for or how to repo the boat. The boat is worth less than 10k.

Do I file a replevin lawsuit against him and his mother?

Thanks

You ALREADY sued over this matter (successfully, I must add). You don't get another go-around. Furthermore, why do you think it's your boat in the first place. You sold it to the other party and now you have a judgment for collection of money. Collect on your judgment - that's why you got it, right?

 

[HRZ]

I missed a few details....separate titles for boat and trailer ? . IF you delivered just boat title but retained trailer title then you might have a solid point as to theft of trailer ....not boat.

 

[Zigner]

I missed a few details....separate titles for boat and trailer ? . IF you delivered just boat title but retained trailer title then you might have a solid point as to theft of trailer ....not boat.

That's a good point - perhaps the OP didn't sell the trailer...only the boat.

 

[latigo]

What is the name of your state (only U.S. law)? Wisconsin
Hi I sold a boat to a friend and he had me sign the title over to his mother. We made an agreement that he would pay me the remainder by oct 1 2016 which he didn’t. I took him to court and sued him and won. He is in prison and I still have the title for the trailer and his family moved the boat and trailer without my permission ie cut a lock. I want to know how I can get either paid which I know they don’t have the resources for or how to repo the boat. The boat is worth less than 10k. Do I file a replevin lawsuit against him and his mother?
Thanks

I'm one with Zigner. You don't own the boat consequently you cannot sue to recover possession. Secondly you have no security interest in the boat affording you the right to repossess it.

WHAT YOU CAN DO is to have execution on your judgment levied against the boat. Meaning to have the sheriff seize it for sale in satisfaction of the judgment. At which time you can bid in your judgment.

Before that however, once seized the guy's family will surely file a "third party claim" alleging that its not the property of your judgment debtor. In that event there is a judicial process to determine the true owner. During which you may wish not to voluntary disclose that "you signed the title over to the buyer's mother". Mind you that I'm not saying to hide that fact or perjure yourself, just don't volunteer it. IWO if asked, admitted it. Then point out that it was only as an accommodation to the buyer to keep his creditors away from it. (Rather ironic, right?)

BUT DO NOT THINK that what I have above briefly outlined on levying execution on a judgment is a simple process. It DISTINCTLY IS NOT! Nor think that the sheriff will call out the posse to start looking for the boat. You will need to find it. Nor is it likely that you would have the wherewith to do it without counsel.

Anyway so much for the adage:

"The two happiest people in the world are the guy that just bought a boat and the guy that sold it."

 

[PayrollHRGuy]

Anyway so much for the adage:

"The two happiest people in the world are the guy that just bought a boat and the guy that sold it."

Yes it does help if you are actually paid for it when you sell it but in my history with boats there were times that it wouldn't have been required to make me happy about getting rid of it.

 

[adjusterjack]

Hi I sold a boat to a friend and he had me sign the title over to his mother. We made an agreement that he would pay me the remainder by oct 1 2016

There's another adage:

A fool and his money are soon parted.