Motorcycle Repayment Legal Rights

Summary

In West Virginia, verbal contracts can be legally binding, especially if supported by written evidence such as text messages or emails. If the debtor defaults on the agreement, the creditor can file a claim in small claims court for amounts under $5,000. The statute of limitations for debt in WV is 10 years. Before proceeding to court, it may be beneficial to send a formal demand letter outlining the repayment agreement and consequences of non-payment.

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Wv
What proof do you have of the agreement that they would pay you back? In WV, verbal contracts can be legally binding but are harder to prove.
Just verbal
Do you have any written communication (like text messages or emails) discussing the repayment agreement? In WV, evidence can support a verbal contract.
Yes I do
What is the content of the written communication? This could be crucial in establishing a contract. In WV, written evidence can strengthen a verbal agreement.
That they would pay me back for the bike
What is the current status of the repayment? Have they made any payments yet?

In WV, if a verbal contract is supported by written evidence, it can be legally binding.
No
What is the total amount they agreed to pay back? In WV, if the amount is under $*,*, you may be able to file a claim in small claims court.
$*
What is the timeline they agreed upon for the repayment? In WV, the statute of limitations for debt is 10 years. If they haven't paid within the agreed time, you can file a claim.
$*.* a month, unless they got their settlement payment
What was the agreed upon duration for the monthly payments? In WV, if the debtor defaults, you can file a claim in small claims court for amounts under $*,*.
$14 months,
What is the current status of the motorcycle? Is it still in your possession or with the person who was supposed to pay you back?
With the person
What steps have you taken so far to recover the motorcycle or the money owed to you?
Nothing wanted information first
Have you tried contacting the person to discuss the issue and possibly arrange for the return of the motorcycle or repayment of the debt?
Not yet
Have you considered sending a formal demand letter outlining the repayment agreement and consequences of non-payment? This could serve as a legal document if you decide to go to court.
No
What is the current status of your relationship with the person who owes you money?
Possible breakup
What is the full name of the person who owes you money? This information is important for any potential legal proceedings.
Don't want to say at this time
What is the exact date of the agreement? This will help determine if the statute of limitations applies.
About a month ago
What is the exact date when you handed over the motorcycle to the person?

In WV, if the debtor defaults, you can file a claim in small claims court for amounts under $*,*.
Around the first of last month
What steps have you taken so far to recover the motorcycle or the money owed to you?

In WV, you can file a claim in small claims court for amounts under $*,*.
Thank you for your time
What is the exact date when you handed over the motorcycle to the person?