This is topic Tow yard/Release of Liability question??? in forum General Talk at Northern California Ford Owners .
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Posted by *EPIK* (Member # 7481) on
:
So I regretfully sold my daily beater a couple months ago, & I kinda F'd up & lost the release of liability form that you are supposed to turn in to the DMV. Yesterday, I got a notice in the mail stating that the car is in a tow yard because the guy I sold it to got arrested for driving on a suspended license & DUI. Come to find out the guy never registered the car in his name, so I am still the legal owner.
I REALLY want to get the car back, & I can go to the tow yard tomorrow & get it out for $400, or I can wait 30 days for the car to go on a lien sale & get it that way, which will cost WAY more cash. Even though I am still the legal owner, if I take the car out of the tow yard, can the new owner file a stolen vehicle report since he has the title??? If I don't go get the car out of the yard, will I be legally responsible for the tow/storage fees??? I did go on DMV's website today & filed a release of liability, so Im clear as far as thats concerned, but I am still the registered owner until they go to the DMV & register the car.
I have a feeling that with the dude facing those charges, an 86 Jetta is the least of his worries, not to mention he probably won't have the cash to pay for the registration/transfer/smog, & all the fees at the tow yard, which go up by $50 a day...
What should do???
[ October 28, 2010, 01:20 AM: Message edited by: *EPIK* ]
Posted by Sydewayz 24/7 (Member # 8725) on
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Get the car back
Posted by dubfive-0 (Member # 8965) on
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I would go release that car... and ask DMV to change the plate #s later...... is better that way because you never know if he will release the car & youll get stuck having to pay like $1800 I think
Posted by CupcakePrincess (Member # 10402) on
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Get it back sooner than later, if there is no change in ownership on file with the DMV then the car is still technically yours. Go get that car back if its worth the 400 dollars, if its not then dont do it. If you dont have the 400 bucks, PM me and i'll go down and get it if its worth it.
Posted by CupcakePrincess (Member # 10402) on
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I bet you'll find the bill of sale in the car, cause this clown sounds like he's got his paperwork in order.
Posted by TwoBlueCoupes (Member # 9681) on
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Yea ur still resposible if it's in ur name wat u need to do is go to the pd because if u wait and 30 days eventually the tow company will send u to collections at least that's how our company does it
by pd I mean whoever impounded the car
chp
sheriff
or city pd
Posted by *EPIK* (Member # 7481) on
:
Unless the guy trashed the car since I sold it to him, the car is DEFINITELY worth more than $400. I know when you hear 86 Jetta you think its a POS, but actually the car was ridiculously clean for its age. Its almost in as good condition as my 91 coupe is, & I owned it since 2005. Only reason I sold it was to help my lady buy a car. I actually sold it to the dude for $2500 about 2 months ago... I REALLY want it back because it was hella clean, cheap to own & drive, & its DEAD reliable....
This is the car in question... Pretty clean for an 86 IMO...
[ October 28, 2010, 01:22 AM: Message edited by: *EPIK* ]
Posted by CupcakePrincess (Member # 10402) on
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Get it back and sell it to somebody else right away, then he'd be screwed.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by TwoBlueCoupes:
Yea ur still resposible if it's in ur name wat u need to do is go to the pd because if u wait and 30 days eventually the tow company will send u to collections at least that's how our company does it
by pd I mean whoever impounded the car
chp
sheriff
or city pd
The car was towed by CHP, & I know what tow yard its at. The tow yard said all I need to do is bring in something from DMV showing that I'm still the registered owner.
I spoke to a CHP officer about it & he suggested I NOT go get the car because the new owner can file a stolen vehicle report if he goes to DMV & registers the car with the pink slip that he has. The lady at the DMV said I can file for a duplicate title & that his will be voided if I do so, but honestly I'm not really trying to get over on the guy, just trying to protect myself. & if the car will end up being in the tow yard anyhow, I might as well get it out now?
[ October 27, 2010, 10:11 PM: Message edited by: *EPIK* ]
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by CupcakePrincess:
Get it back and sell it to somebody else right away, then he'd be screwed.
Dude knows where I live, I'm not really trying to do anything shady, just trying to protect my best interests. I would rather get the car back to keep & drive...
Posted by asskickn88 (Member # 4957) on
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If he has the title signed by you saying he purchased the car its considered theft if you go take the car. If he goes down to the tow yard to get the car back they'll tell him you picked the car up and he'll report the car stolen. You might get away with it but it's not worth the possible legal trouble if he says you took it.
Posted by bigjerry (Member # 6033) on
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30 days gonna b bread remember when they impounded my vert it was 1700. I say buy it for 400 and flip it again for 2500. Ur not doing nothing shady ur legally the owner.
Posted by *EPIK* (Member # 7481) on
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quote:
Originally posted by asskickn88:
If he has the title signed by you saying he purchased the car its considered theft if you go take the car. If he goes down to the tow yard to get the car back they'll tell him you picked the car up and he'll report the car stolen. You might get away with it but it's not worth the possible legal trouble if he says you took it.
Thats what I figured. But what about the fees if he doesn't get the car back, won't I be held responsible?
I think with the dude facing DUI & driving on a suspended license charges, plus currently still being locked up, I doubt he will go get the car back? I looked it up on sac county jail, & it looks like the dude is locked up with no bail...
Posted by SteveL (Member # 1241) on
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If the other guy has the title and a bill of sale signed and dated by you, he owns the car. Whether he registers the car or not, files it as a non-op, or strips it down for parts doesn't matter. He owns it and can do whatever he wants with it. Just because you didn't file a release of liability doesn't mean you get ownership. If anything you were lucky he didn't hit someone or something or you would have to lawyer up to protect yourself.
Posted by season'd 88 (Member # 169) on
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Not much help here but this is exactly why whenever i sell a car, which is not very often, i go with buyer straight to DMV right then and there and finalize the paperwork. Doesn't matter if this is best friend, grandmother, first born..same goes. Good luck.
Posted by *EPIK* (Member # 7481) on
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Thanks for all the replies fellas. Like I said, I'm not trying to be shady, the dude can have the car back, I just don't want the fees to go into collections. I have since filled out a release of liability online, so I should be good there, but I am almost certain that the car will end up being at the tow yard until the lien sale unless I go get it out...
Posted by Rigo5.0 (Member # 5247) on
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Same thing happened to a friend of mine, and he ended getting sent to collections. I'd take the car out and keep it. His fault for not registering the vehicle.
Posted by 50Reasons (Member # 6452) on
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Get the car back and resell the car not being shady you snooze you lose he had 2 months to register and they won't let him have the car till all the paper work is in order on top of the 1800 to get it out so it is up to you to get it out but you could offer the car back to the guy you sold the car to originally for a $1000 which is cheaper then he can grab it for and you mak a few hundred to make it worth it if he doesn't want to pay for it sell again for $2500 again.
Posted by Luke87GT (Member # 21) on
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Dustin, interesting situation.
On one hand you don't want to end up in collections from the tow yard since the car is in your name, and on the other you don't want some low-life scum-bag thinking you did him dirty.
One question... When you released the vehicle to the new owner, did you send in the top part of the pink slip with the new owner's name and the amount he paid to the DMV? At least that would be some record that you did in fact sell the car.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by Luke87GT:
Dustin, interesting situation.
On one hand you don't want to end up in collections from the tow yard since the car is in your name, and on the other you don't want some low-life scum-bag thinking you did him dirty.
One question... When you released the vehicle to the new owner, did you send in the top part of the pink slip with the new owner's name and the amount he paid to the DMV? At least that would be some record that you did in fact sell the car.
Thats the F'd up part Luke. I f**ked up & lost the release form that we filled out, & then I totally forgot about it until this situation popped up... I did send in a release online as of today though.
If the dude didn't know where I lived, I would just go to DMV, file for a new pink slip, & take the car back, but thats not fair IMO. I might just get it out of the yard, & store it in my buddies backyard until the dude hits me up... He can then pay me back what I paid to the yard, plus I will charge him $200 on top as my own "storage" fee LOL... If I never hear from him, then I will either keep the car & drive it again, or turn around & sell it again...
I will have to think this over tonight, but the fees go up by $50 a day, so I need to act quick...
[ October 28, 2010, 01:12 AM: Message edited by: *EPIK* ]
Posted by Sco Cuddie (Member # 6757) on
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quote:
Originally posted by *EPIK*:
quote:
Originally posted by Luke87GT:
Dustin, interesting situation.
On one hand you don't want to end up in collections from the tow yard since the car is in your name, and on the other you don't want some low-life scum-bag thinking you did him dirty.
One question... When you released the vehicle to the new owner, did you send in the top part of the pink slip with the new owner's name and the amount he paid to the DMV? At least that would be some record that you did in fact sell the car.
Thats the F'd up part Luke. I f**ked up & lost the release form that we filled out, & then I totally forgot about it until this situation popped up...
If the dude didn't know where I lived, I would just go to DMV, file for a new pink slip, & take the car back, but thats not fair IMO. I might just get it out of the yard, & store it in my buddies backyard until the dude hits me up... He can then pay me back what I paid to the yard, plus I will charge him $200 on top as my own "storage" fee LOL... If I never hear from him, then I will either keep the car & drive it again, or turn around & sell it again...
What's up Dustin,
I came in here to say the same thing. Get it out of the tow yard. Get a duplicate title and if dude ever calls you asking what the deal is, tell him you had to take it out to avoid any fees. Then give it back after he pays the fees.
Honestly tho, I seems like he is the type that buys a car, doesn't put it in his name, never insures it and if anything happens to the car he just dumps it. I doubt he comes back looking for the car.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by Sco Cuddie:
Honestly tho, I seems like he is the type that buys a car, doesn't put it in his name, never insures it and if anything happens to the car he just dumps it. I doubt he comes back looking for the car.
Sup bro....
He MIGHT be that type of dude to do that, but he found me on a VW forum, so he is somewhat of an "enthusiast". Usually those type of cats that ride dirty like that wouldn't pay $2500 for an 86 Jetta, they usually buy $500-$700 beaters I would think?
[ October 28, 2010, 01:19 AM: Message edited by: *EPIK* ]
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by Rigo5.0:
Same thing happened to a friend of mine, and he ended getting sent to collections. I'd take the car out and keep it. His fault for not registering the vehicle.
So he got sent to collections? Thats what Im worried about because my credit is good, & has been for the last 6 years, I really don't want to f##k it up over a cheap car, & someone elses problems...
Posted by *EPIK* (Member # 7481) on
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Matter of fact, after looking up his case online, I don't think dude will be thinking about the car much. He has 4 misdemeanor charges, but looks like he had a warrant, & has a $5000 bail amount. His projected release date is 1/5/11....
Lets air this scumbag out....
http://www.sacsheriff.com/inmate_information/inmate_details.cfm?a=ED90758057504F0E4B6D09F8C2C4B3E6D933FD
[ October 28, 2010, 01:32 AM: Message edited by: *EPIK* ]
Posted by 50 Deep (Member # 6216) on
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The guy has documented proof you signed over the car to him and he paid you cash. The car is legally his. Don't touch it unless you can get the tow yard to file lien sale paperwork and give you legal proof you own the car. Only that will void out his legal interest in the car. If you buy it, store it, and get a new title he can still take his proof of ownership to court and show you did shady business to get the car back. He will win in court and you will have to forefit the car and possibly face criminal charges. DMV investigations will be all up in your ass. Wait till it goes up for lien sale, contest it, then buy it back at that time. Work a deal with the tow company now so that you can get the car for cheap later.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by 50 Deep:
The guy has documented proof you signed over the car to him and he paid you cash. The car is legally his. Don't touch it unless you can get the tow yard to file lien sale paperwork and give you legal proof you own the car. Only that will void out his legal interest in the car. If you buy it, store it, and get a new title he can still take his proof of ownership to court and show you did shady business to get the car back. He will win in court and you will have to forefit the car and possibly face criminal charges. DMV investigations will be all up in your ass. Wait till it goes up for lien sale, contest it, then buy it back at that time. Work a deal with the tow company now so that you can get the car for cheap later.
As much as I would like to get the car back to DD again, I am more concerned with the sh#t going to collections. I have been researching a bunch online tonight, & it will MOST DEFINITELY go into collections & affect my credit score, which I can't afford.
You & I both know that there is no such thing as working out a deal with a tow yard whatsoever. They are all about making money, its either pay the fee's now & get the car out, or watch them skyrocket... I definitely don't want to do anything criminal... I think i need to talk to a lawyer asap...
Yeah the new owner has proof that he bought the car, BUT he is locked up until january & the car will be gone way before then. Also, on the title, we put down that he only paid $500 for the car, not that it really matters...
[ October 28, 2010, 03:18 AM: Message edited by: *EPIK* ]
Posted by CupcakePrincess (Member # 10402) on
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Get the car back and lien sale it yourself!
Posted by 50 Deep (Member # 6216) on
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I will get you the info you need tomorrow. Make sure you answer the phone when you see the 657-xxxx number from my job call.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by 50 Deep:
I will get you the info you need tomorrow. Make sure you answer the phone when you see the 657-xxxx number from my job call.
Thanks T, will do. I did file the release online today, & I remembered the guys name so I filled that portion in, just didn't know his address...
I actually went to DMV today & got a copy of the reg which is still in my name, so the dude has never attempted to register it yet. The lady at the counter said I could file for a duplicate title, & that it would void his title???
[ October 28, 2010, 03:26 AM: Message edited by: *EPIK* ]
Posted by HaulinAss Motorsports (Member # 541) on
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Do you have his release info? Most likely this guy isnt going to have the money, after the charges he facing, to get the car out. Go by his house and see if any family can get intouch with the guy. Offer him a few hundred for the paperwork and go get your car out. You wouldnt be in it mmuch at all, that is if you do it soon. CHP is up to $60.00 a day for OUTSIDE stroage.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by HaulinAss Motorsports:
Do you have his release info? Most likely this guy isnt going to have the money, after the charges he facing, to get the car out. Go by his house and see if any family can get intouch with the guy. Offer him a few hundred for the paperwork and go get your car out. You wouldnt be in it mmuch at all, that is if you do it soon. CHP is up to $60.00 a day for OUTSIDE stroage.
Unfortunately since I lost the form we filled out at the time of the sale, I don't have his phone number or his address, but I know he is in Sac county jail until january. I guarantee dude will NOT have the money to get the car out.... Its at a tow yard that charges $50 per day. Its up to $410 as of 10/28/10...
Posted by Mach916 (Member # 8264) on
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get the car back.. if he never bothers you again.. you just came up..if he hits you up make him pay..and make sure to keep paper work showing how much you payed to get it out..i would also put the car back in my name.. if the dvm said it will make his pink slip void then it will make it void.. having the title back in your hand will give you leverage to get the tow money from the guy (the big if) he ever shows up.
Posted by Mach916 (Member # 8264) on
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on a side note..i seen on speed tv or something...these cars will be collector cars soon.. people that grew up in that era will be looking for clean gti,jettas..the guy mentioned if you have one might be a good idea to hold on to it.
Posted by 90.5.0GT (Member # 8843) on
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He MIGHT be that type of dude to do that, but he found me on a VW forum, so he is somewhat of an "enthusiast". Usually those type of cats that ride dirty like that wouldn't pay $2500 for an 86 Jetta, they usually buy $500-$700 beaters I would think? [/QB][/QUOTE]
If he found you on the VW forum, just pm him and let him know wassup, why you took the car out to protect yourself from the tow yard sending you to collection since the car wasn't registered under the new owner and if he wants the car back have him hit you up. If he is somewhat of a VW "enthusiast" he'll probably go back onto the forum and post his situtation. I'd get the car out... Good luck!
Posted by poisonpony96 (Member # 3942) on
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Go get car out hold on to it for awhile. If he doesn't come for it he losses out. If he does make him pay the fees.
Posted by poisonpony96 (Member # 3942) on
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Go get car out hold on to it for awhile. If he doesn't come for it he losses out. If he does make him pay the fees.
Posted by phonso302 (Member # 9260) on
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I don't think they ccan send you to collections... had a similar problem,they kept sending me notices and I called em back told em I never signed any contract asking for their services and to stop sending me letters...never heard back from em...all they want is you to show up and hand over the pink slip don't let em push you around
Posted by East Bay 50 (Member # 8081) on
:
quote:
Originally posted by *EPIK*:
quote:
Originally posted by 50 Deep:
The guy has documented proof you signed over the car to him and he paid you cash. The car is legally his. Don't touch it unless you can get the tow yard to file lien sale paperwork and give you legal proof you own the car. Only that will void out his legal interest in the car. If you buy it, store it, and get a new title he can still take his proof of ownership to court and show you did shady business to get the car back. He will win in court and you will have to forefit the car and possibly face criminal charges. DMV investigations will be all up in your ass. Wait till it goes up for lien sale, contest it, then buy it back at that time. Work a deal with the tow company now so that you can get the car for cheap later.
As much as I would like to get the car back to DD again, I am more concerned with the sh#t going to collections. I have been researching a bunch online tonight, & it will MOST DEFINITELY go into collections & affect my credit score, which I can't afford.
You & I both know that there is no such thing as working out a deal with a tow yard whatsoever. They are all about making money, its either pay the fee's now & get the car out, or watch them skyrocket... I definitely don't want to do anything criminal... I think i need to talk to a lawyer asap...
Yeah the new owner has proof that he bought the car, BUT he is locked up until january & the car will be gone way before then. Also, on the title, we put down that he only paid $500 for the car, not that it really matters...
Hell, If you are worried about him coming after you. I'll give you the cash to get the car and then you can give it to me ![[Big Grin]](biggrin.gif)
Posted by ZincYellowGt281 (Member # 9865) on
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damn bro you f**ked up, dont get the car back why do you care what happens to it? its not your car. You can prove that you sold it sorry man just let it go.... its no longer your problem
[ October 28, 2010, 04:07 PM: Message edited by: ZincYellowGt281 ]
Posted by Smoked50 (Member # 9592) on
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Get the car back and if he hits you back up, give him the car for the same amount you paid to get it back, both ways you're winning because you won't get sent to collections and you can DD the car for the time being, or forever if he doesn't show up.
Posted by M&M Performance *BlownMach1* (Member # 5400) on
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DUSTIN, real talk...ive been through this both ways a FEW times..still have the vehicles that were not worth getting out on my credit.$2300+ each one. do you want that on ur credit? NO! go get the car asap and sell it again! his release date now is 2/2011 so you will have it long gone by then and it will already be in the new owners name, go to DMV with the new owner if you please! The release you put in right now does not mean SHIT, the car was towed before you put in the release so now you are responsible for ATLEAST the fees from when it was towed till the date you put in the release. if you do not go get this car mark my words, you will be getting a bill for 400-2500 dollars no matter what!
Posted by cobra_302_stang (Member # 7257) on
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Just get the car out and sell it again.
Posted by *EPIK* (Member # 7481) on
:
Thanks for all the advice guys. His wife actually contacted me today, & she will be getting it from the tow yard tomorrow. I also had DMV send my release of liability backdated as of 9/21/2010 over to the tow yard, so I am free & clear as of now...
I DID want the car back, but oh well, at least I don't owe on it now...
Posted by Musttanguy (Member # 2251) on
:
If I was going follow advice, I would 110% go with 50DEEPS.
You sold the car and received payment and in return signed the legal title over to him, The car is HIS property regardless of whether he registered or not.
You most definately could face legal action (theft of motor vehicle)if he decided to pursue it.
As 50DEEP has suggested, talk to the tow yard and let them know your interest in the vehicle and would be interested in purchasing it as soon as the 30 days is up (they need 30 days in order to file the lien) Once the tow yard lein sales it (Vehicle will be legally THEIRS)and you can work a deal on price then the vehicle can be YOURS legally. No way around it, gotta go with the system.
Posted by *EPIK* (Member # 7481) on
:
quote:
Originally posted by Musttanguy:
If I was going follow advice, I would 110% go with 50DEEPS.
You sold the car and received payment and in return signed the legal title over to him, The car is HIS property regardless of whether he registered or not.
You most definately could face legal action (theft of motor vehicle)if he decided to pursue it.
As 50DEEP has suggested, talk to the tow yard and let them know your interest in the vehicle and would be interested in purchasing it as soon as the 30 days is up (they need 30 days in order to file the lien) Once the tow yard lein sales it (Vehicle will be legally THEIRS)and you can work a deal on price then the vehicle can be YOURS legally. No way around it, gotta go with the system.
Thanks for your reply. 50 Deep actually helped me out tremendously with some info he gave me... check my reply 1 post above yours, I am now free & clear & no longer responsible for the car....
Posted by CupcakePrincess (Member # 10402) on
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Good, keep the drama his.
Posted by JohnCM (Member # 1076) on
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This happened to me a long time ago when I sold an 81 Cutlass. I never sent in the release, and it got impounded. I was informed it was in impount and I never looked into it, just ignored the mail.
Nothing bad ever happened, I still have good credit.
No collections non sense
Posted by 50 Deep (Member # 6216) on
:
quote:
Originally posted by *EPIK*:
quote:
Originally posted by Musttanguy:
If I was going follow advice, I would 110% go with 50DEEPS.
You sold the car and received payment and in return signed the legal title over to him, The car is HIS property regardless of whether he registered or not.
You most definately could face legal action (theft of motor vehicle)if he decided to pursue it.
As 50DEEP has suggested, talk to the tow yard and let them know your interest in the vehicle and would be interested in purchasing it as soon as the 30 days is up (they need 30 days in order to file the lien) Once the tow yard lein sales it (Vehicle will be legally THEIRS)and you can work a deal on price then the vehicle can be YOURS legally. No way around it, gotta go with the system.
Thanks for your reply. 50 Deep actually helped me out tremendously with some info he gave me... check my reply 1 post above yours, I am now free & clear & no longer responsible for the car....
Glad it all worked out ![[patriot]](graemlins/patriot.gif)
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