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What do I do if my friend breached a contract?

Asked by user in Illinois.

I have a friend who helped me obtain a Harley Davidson. She had the bike in her name but I made the payments. We entered into a contract that she would give me the bike when it was paid off. I have a receipt saying the bike is paid off but she won’t give me the bike. What do I do?

Answered by Enjuris Editors:

Assuming the sales contract is valid and you made all of the payments required under the contract, your friend breached the contract by refusing to turn over the motorcycle.

A good first step would be to send your friend a demand letter (send it via “certified mail with return receipt requested” so you have proof that it was received). The demand letter should include a copy of the contract and receipt, and should threaten legal action if the motorcycle is not turned over in a certain number of days.

If the motorcycle is not turned over, you’ll need to file a breach of contract lawsuit in court. If the motorcycle is worth $10,000 or less, you can file the lawsuit in small claims court without an attorney. If the motorcycle is worth more than $10,000, I would consider hiring an attorney to file a lawsuit and represent you in circuit court. You can find an attorney near you using our free online directory.

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