I bought a stolen bike?

Wandell
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Wandell 5/25/2021 7:22pm
5/25/2021 7:22pm
Racerx930 wrote:
Been thinking about this a little bit today and the more I think about it I feel like the local sheriff was just trying to see...
Been thinking about this a little bit today and the more I think about it I feel like the local sheriff was just trying to see if he could talk me into giving the bike up freely. I purchased the bike in another county and told him "I'm in a spot where I'm going to have to fight this". He told me not to sell it and wait to see how the court case went in the other town. It seems likely to me that whoever reported it stolen was told by their local PD there wasn't much they could do about it, so he called the local sheriff here. I have not been contacted by the pd / sheriff in the town I bought it in, you would think they would have some questions. My local sheriffs office said "They won't be picking it up unless it is determined stolen in court".
The whole situation is obviously not cut and dried. I've always said that an item being stolen is like a woman being pregnant. It either is or isn't. There's no such thing as "kinda stolen" just like there is no such thing as "kinda pregnant". I know that anytime that I've investigated a stolen vehicle and I located it, it left with me. The only times they didn't was because I was at least 99% sure that it WAS NOT stolen and it was some sort of civil dispute over ownership. The fact that law enforcement left it in your possession and the reporter didn't know the VIN are huge things in your favor. Just make it clear to law enforcement that you would never purchase any item if you had any indication that it was stolen.
Please keep us updated on how this plays out.
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nytsmaC
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nytsmaC 5/25/2021 7:23pm
5/25/2021 7:23pm
yak651 wrote:
I’m no lawyer but pretty sure the guy could sue you if he wanted to. Seems like he felt it was an honest mistake and was...
I’m no lawyer but pretty sure the guy could sue you if he wanted to. Seems like he felt it was an honest mistake and was more understanding than most people would be
You may be right. If he had expressed any sort of expectation for me to pay him I would have done it. My rationale at the time was to put myself in his shoes and think of what I would expect, and I wouldn’t have expected the guy I bought it from to pay me, nor would I feel good about allowing him to, if he was innocent of any wrongdoing. If I recall correctly I’m pretty sure I did offer to reimburse him for his loss but he declined and just wanted to put it behind him. I could have been more insistent but I felt like just offering it was already going above and beyond what I was obligated to do. I don’t know the law when it comes to that.

This thread has me second guessing the logic that I used, seriously what would you guys do if you were caught in that scenario?
kNewc
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kNewc 5/26/2021 4:48am
5/26/2021 4:48am
Have you contacted the original seller? Maybe the know of the situation and will give your money back (then get out of this whole mess)? That would be the "extremely nice guy way" about it, if the seller cooperates lol. For now I agree, the police officer let you hold onto it - that's huge. I would say it's yours until the other person can prove otherwise.
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yak651
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yak651 5/26/2021 6:08am
5/26/2021 6:08am
yak651 wrote:
I’m no lawyer but pretty sure the guy could sue you if he wanted to. Seems like he felt it was an honest mistake and was...
I’m no lawyer but pretty sure the guy could sue you if he wanted to. Seems like he felt it was an honest mistake and was more understanding than most people would be
nytsmaC wrote:
You may be right. If he had expressed any sort of expectation for me to pay him I would have done it. My rationale at the...
You may be right. If he had expressed any sort of expectation for me to pay him I would have done it. My rationale at the time was to put myself in his shoes and think of what I would expect, and I wouldn’t have expected the guy I bought it from to pay me, nor would I feel good about allowing him to, if he was innocent of any wrongdoing. If I recall correctly I’m pretty sure I did offer to reimburse him for his loss but he declined and just wanted to put it behind him. I could have been more insistent but I felt like just offering it was already going above and beyond what I was obligated to do. I don’t know the law when it comes to that.

This thread has me second guessing the logic that I used, seriously what would you guys do if you were caught in that scenario?
That's a tough spot to be in and no clue what I would actually do. If it was under a grand I think I would give the money back. Over that I think I would go back to the person I purchased from and see if he tells me to pound sand or wants to make it right. If that person was taken advantage of also maybe a three way split of the fees? I can tell from your previous post you are a good person and can imagine that would weigh on someone (how to make it right for the person you sold it to without totally getting screwed over yourself). I guess one good thing is the person that purchased from you seems to care less about the money so he must be in a good position financially. Could see how a person that doesn't take things as well could make the situation ugly (violence, cops, lawyers, etc).
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Racerx930
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Racerx930 5/26/2021 9:47am
5/26/2021 9:47am
The sheriff called me back after I gave him the info on who I bought it from. I was "lucky" enough to save all text communication with them and had the bill of sale. He said their story is the same story they gave me. They got it when their uncle passed away and it had been in his garage since 1985. Person reporting it stolen claims to not know these people.

I still have the bike, we will see what happens.
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Crush
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Crush 5/26/2021 10:04am
5/26/2021 10:04am
Sounds like some stinky bait.
3
GeorgiePorgie 5/26/2021 6:40pm
5/26/2021 6:40pm Edited Date/Time 5/26/2021 6:42pm
Thieves are getting so brazen that they’re claiming bikes were stolen that they sound like never had possession of. Wow. they’re really stepping the hustle game up here.

Courts need to start making examples of fraudsters and hustlers and put an end to this bike theft madness.
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OrangeJuice158 5/26/2021 8:03pm
5/26/2021 8:03pm
Racerx930 wrote:
It just seems fishy. The people I bought it from knew it had value, I didn't give $200 for it. I would not have even thought...
It just seems fishy. The people I bought it from knew it had value, I didn't give $200 for it. I would not have even thought to ask for a bill of sale. The lady actually said here let me write you a bill of sale. Her story was it was a family members who passed away. We didn't meet up at the corner of some gas station, I went to her house and bought it.
CASH476 wrote:
Sounds like you might be caught in the middle of a family dispute to me. Bike may have been owned by a family member who passed...
Sounds like you might be caught in the middle of a family dispute to me. Bike may have been owned by a family member who passed away and now that it is sold someone else is disputing ownership by reporting it stolen. Sounds like you've done everything above board, best of luck sorting it out.
FWYT wrote:
Yup.

FWIW, first thing I do when looking at a bike is run the VIN.
What’s the easiest way to “run the vin”?
Racerx930
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Racerx930 6/12/2021 8:59pm
6/12/2021 8:59pm
Weeks later I've literally heard nothing.
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Nathaniel129 6/12/2021 10:31pm
6/12/2021 10:31pm
Racerx930 wrote:
Weeks later I've literally heard nothing.
Your "case" most likely got categorized as a civil issue instead of a crime issue. Meaning unless they take the matter to civil court, you should be good to go.
FWYT
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FWYT 6/12/2021 11:41pm
6/12/2021 11:41pm
CASH476 wrote:
Sounds like you might be caught in the middle of a family dispute to me. Bike may have been owned by a family member who passed...
Sounds like you might be caught in the middle of a family dispute to me. Bike may have been owned by a family member who passed away and now that it is sold someone else is disputing ownership by reporting it stolen. Sounds like you've done everything above board, best of luck sorting it out.
FWYT wrote:
Yup.

FWIW, first thing I do when looking at a bike is run the VIN.
OrangeJuice158 wrote:
What’s the easiest way to “run the vin”?
Any decent rego shop can do it for you for about $7.00. Saves so much hassle!
Or at least lets you know what sort of hassle you are about to get into. Laughing
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chasetwo79
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chasetwo79 6/13/2021 12:11am
6/13/2021 12:11am
cablecable wrote:
So i assume you kept your honor and you gave the guy his money back for the stolen kx500 you sold him?
mx_phreek wrote:
Ouch
Ah burn
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EngIceDave
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EngIceDave 6/13/2021 7:45am
6/13/2021 7:45am
KennyT wrote:
Without proof and if they don’t have a VIN I don’t believe you should be giving them anything until it’s proven they owned it and it...
Without proof and if they don’t have a VIN I don’t believe you should be giving them anything until it’s proven they owned it and it was stolen. I’ve bought 10-12 vintage bikes over the years and was not provided a title on any of them. Bill of sale only. Sorry to hear about the hassle you are going through. You’ve done nothing wrong
Without reading through everything, but without original proof of ownership, they have no proof of ownership.

I might as well be claiming it was stolen.

You have possession and the only documentation known.

My gut says court will award to you, if you even get to court.
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Racerx930
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Racerx930 6/17/2021 6:02pm
6/17/2021 6:02pm
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had all the paperwork in order when they came. I made a call to the town where the theft supposedly happened and was told they would include me as restitution in the case. For the life of me I don't see how this goes down like this but it seems to be the way it's going.

I asked the multiple times, how can they prove it? Each time was pretty much "Look.... The bikes stolen"
yak651
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yak651 6/17/2021 6:29pm
6/17/2021 6:29pm
Racerx930 wrote:
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had...
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had all the paperwork in order when they came. I made a call to the town where the theft supposedly happened and was told they would include me as restitution in the case. For the life of me I don't see how this goes down like this but it seems to be the way it's going.

I asked the multiple times, how can they prove it? Each time was pretty much "Look.... The bikes stolen"
Sucks, if you stuck any upgrades into it remove before the pick up…
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NorCal1975
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NorCal1975 6/17/2021 7:24pm
6/17/2021 7:24pm
Racerx930 wrote:
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had...
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had all the paperwork in order when they came. I made a call to the town where the theft supposedly happened and was told they would include me as restitution in the case. For the life of me I don't see how this goes down like this but it seems to be the way it's going.

I asked the multiple times, how can they prove it? Each time was pretty much "Look.... The bikes stolen"
This sounds bogus to me. If the "legal" owner of the bike has nothing to support their claim of ownership I would not let it out of my sight if I were you until I saw the appropriate paperwork. (I know its easy for me to say that from 1500 miles away though.) Take lots of pictures and keep good documentation of everything that is happening, including bank records for the financial side of the transaction too. Good luck to you.
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ctbale
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ctbale 6/18/2021 12:58am
6/18/2021 12:58am Edited Date/Time 6/18/2021 1:27am
If they come get your bike without your permission and without paperwork that a JUDGE has signed (a court order) my position would be that your bike was just stolen. I dont give a fuck what some cop is telling you verbally. Their job is to enforce the laws, not make up the laws. If the sherif is out of his jurisdiction that should be addressed. Wonder about seeking injunctive relief from a local court? Then your talking about getting a lawyer and that's expensive
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ctbale
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ctbale 6/18/2021 1:26am
6/18/2021 1:26am
Racerx930 wrote:
Been thinking about this a little bit today and the more I think about it I feel like the local sheriff was just trying to see...
Been thinking about this a little bit today and the more I think about it I feel like the local sheriff was just trying to see if he could talk me into giving the bike up freely. I purchased the bike in another county and told him "I'm in a spot where I'm going to have to fight this". He told me not to sell it and wait to see how the court case went in the other town. It seems likely to me that whoever reported it stolen was told by their local PD there wasn't much they could do about it, so he called the local sheriff here. I have not been contacted by the pd / sheriff in the town I bought it in, you would think they would have some questions. My local sheriffs office said "They won't be picking it up unless it is determined stolen in court".
So your local sheriff said "they" won't be picking it up unless a court has determined its stolen.

Which sheriff is coming Monday (local or other town sherriff) and will he be bringing you something that shows its been determined by a judge the bike was stolen?
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Dimblewambie
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Dimblewambie 6/18/2021 7:19am
6/18/2021 7:19am
Racerx930 wrote:
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had...
Spoke to soon, Sheriff called earlier and said they will be here Monday to pick up the motorcycle. I told them to make sure they had all the paperwork in order when they came. I made a call to the town where the theft supposedly happened and was told they would include me as restitution in the case. For the life of me I don't see how this goes down like this but it seems to be the way it's going.

I asked the multiple times, how can they prove it? Each time was pretty much "Look.... The bikes stolen"
Have you considered taking the bike to a boating accident this weekend?
11
Moto520
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Moto520 6/18/2021 7:28am
6/18/2021 7:28am
I'm bummed for you. I wouldn't give it up to the cops. Remember....the squeaky wheel gets the grease. Don't make it easy.
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Racerx930
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Racerx930 6/18/2021 7:48am
6/18/2021 7:48am
Apparently they are showing up with the paperwork. The local sheriff is picking it up for the police force in the other town, I've talked with the police in the other town. Look if it's stolen it's stolen, whatever. But what's really pissing me off on the deal is there has been 0 effort to collect any of the evidence I have to show who I bought the bike from, prosecute them, and get me restitution. They've never asked for a record of the text messages, copy of my bill of sale etc.

They claim I'll be included in the case but without any of this stuff they don't have a case.
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JazzyJJ
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JazzyJJ 6/18/2021 8:02am
6/18/2021 8:02am Edited Date/Time 6/18/2021 8:02am
Would be weird if it happened to get stolen again over the weekend before they had a chance to come pick it up. Sounds like a hot commodity so wouldn’t surprise me if it went missing again…
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R66
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R66 6/18/2021 10:51am
6/18/2021 10:51am
I would strip it down and only give the Sherif the frame
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lostboy819 6/18/2021 11:00am
6/18/2021 11:00am
Just say the police picked it up already
5
yak651
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yak651 6/18/2021 11:34am
6/18/2021 11:34am
lostboy819 wrote:
Just say the police picked it up already
uh, why are you guys back? Your partners picked the bike up this morning. Thought it was weird they had a typical black pick up with lift but you said you were coming Monday so I gave it to them...
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alphado
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alphado 6/24/2021 10:44am
6/24/2021 10:44am
Any updates?
Yeti831
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Yeti831 6/24/2021 3:50pm
6/24/2021 3:50pm Edited Date/Time 6/24/2021 3:51pm
R66 wrote:
I would strip it down and only give the Sherif the frame
This.

You stripped it down as a project bike to rebuild and sold all the old worn pieces.
Racerx930
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Racerx930 6/24/2021 3:58pm
6/24/2021 3:58pm Edited Date/Time 6/24/2021 3:59pm
They called on Thursday of last week and said they were picking it up Monday. I told them they better have their paperwork in order, called the PD of the local town it was supposedly stolen from and told them the same thing. I haven't heard from them this week.
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