Tips on Buying Cars: private sale of vehicle installment payments, small claims court, installment payments

Question
My husband and I were selling a motorcycle to a friend through a payment agreement. He has the bike locked in his shed but we still have the title in our names as agreed. It has been over 13 months since he has made any payments and he still owes us more than half the original agreed-upon price. Would like to know the best legal way to go about getting the bike back. We are afraid that if we take him to court he will strip parts off before we can get it. Since the title is still in our names can we just go get it like reclaiming our own property?

Answer
Mary,

Thanks for your question.  Unfortunately, you will have to do this thru small claims court by suing him.  In most states, what you are doing is being a lender.  Since you are not licensed to repossess a vehicle, he could make it very difficult for you, but he may not.  You can try to just reclaim the property yourself, but you could be considered trespassing on his property if you do so.  The best way for you to get the bike back is to sue him in small claims court with all of your documentation.  Yes you run the risk of him stripping the bike, but you run a whole lot more risks doing it the wrong way.  

Hope this helps.

Thanks - JB