[ValColgain]

I am holding a Promissory Note from my ex-husband. Under the note he is supposed to make monthly payments to me by the 15th of every month and monthly payments to the dealership on the balance owing on a motorcycle. The loan and motorcycle title are in MY name. He's been late almost every single payment to both. The dealership said it's not delinquent until its 30 days late, but it's my credit. I need the monthly payments to me by the 15th to help with other financial issues he's caused. Can I call the note due on him being consistently late? I don't want a judgment, I want the motorcycle back since it's mine. The PN also states that if he is "delinquent" that the motorcycle comes back to me and he forfeits any payments he's made to me or the dealership. What can I do?

[ScottGem]

The problem is he is not being delinquent. So you can't call the note. Does the note specify late charges? Does he pay them?

[ValColgain]

No late charges, but the promissory note states that he is to pay me $_____ ON OR BEFORE the 15th of every month and the lender $________ ON OR BEFORE the 20th of every month. The note is secured by the motorcycle.
Upon default in payment OR late payment to either of us he is to give me immediate physical possession of the motorcycle without demand or notice and forfeits all amounts paid. He's only been current on 3 out of 23 payments to the lender and is rarely on time with the payments to me. The lender would not say he's in default but he is late paying them every month and I have the statement to prove it. I've asked and tried to be nice but he put me in such a financial bind that I need his payment to me so I can make other debt payments he caused. I've already written $10,000 in debt off from this guy. I sent him a certified letter yesterday and think I'll file a small claims action. I believe when the Judge hears the full story and having the motorcycle in my name and the loan... I feel like I'll get the motorcycle back. Your thoughts?

[AK lawyer]

... The loan and motorcycle title are in MY name. He's been late almost every single payment to both. ...

The problem is he is not being delinquent. ...

Sounds like he is being delinquent to me, despite what the dealership says.

So, if you have the title, and he is in fact not paying the installments when they are due, why don't you just repossess the bike?

[ScottGem]

Based on the wording in the note, you can go pick up the motorcycle. However, he might not be willing to just turn it over. If you go to court and get a judgment you can have a sheriff accompany you. And, yes, you should win.