bkellis1
XS650 Enthusiast
Yes, you're basically suing the previous owner. A summons will be served. They don't have to show up to court. It will result in a default judgement in your favor. Much luck!
This is where it gets tricky.One additional thought, if he had the bike titled, it would be easier for him to apply for a lost title and transfer ownership to you. That is where I was lucky, no record of title.
I talked to the local office and they gave me a form that showed what I have (bill of sale) and what I still need (declaratory judgement). I attached that to my petition as one of the exhibits. Court date set for Feb 28. That's going to be a long six weeks
I'll update this thread with the outcome when I have final judgment.
My local DMV filled out Form 4808 (Incomplete Transaction Notice) indicating I needed a declaratory judgment in my favor. I used their official Bill of Sale form 1957 in the initial purchase. Along with these 2 items, I also attached as exhibits the VIN Check results from www.nicb.org/vincheck and motorcycle value from JD Powers just for good measure.
Not sure how it works here in NY State, if there is as to time limit to transfer title. Might see if the DMV has a site where a question like that can be asked. I do have s signed title but for some reason never got a bill of sale. I do have what is probably the last registration the guy had for the bike, that ran out in 1998! Like I said it was a "round to it" project!As long as you received the title signed and dated from the now-deceased owner as part of the original transaction, looks like you would just pay the maximum late fee