02-29-2016, 08:56 AM | #43 |
I could be wrong but the way I see it is this,
People saying the car is still titled in his name and it's his car, fail to realize one thing. When you trade in a car at a dealership, you give them the title (if it's paid and you have it). If it sits on the lot for a day, a month or year, it does not get retitled untill someone buys it and registers it. Would you be leagal owner until it is retitled? what if stolen and hit someone? Are you liable? If you sold it to a used car dealer, he could drive it on dealer plates without retitling or even registering forever… Bottom line, you sold it its not yours.
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02-29-2016, 09:45 AM | #44 |
Drives: 2011 2SS/RS LS3 Join Date: Nov 2011
Location: Torrance
Posts: 14,441
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In California there is a form called Release of Liability that you fill out and file with the state when you sell a car. It shows who bought it and the mileage. I have used this to get out of paying registration and fees that were sent to me by the state for a "sold" truck that the buyer never registered. You should also have copied the title with the buyers info on it and kept a copy of a bill of sale.
I wouldn't touch it...You never know what other legal problems could be tied in with that car...unpaid tickets...liability for an accident, etc....let them auction it off to recoup any money....whoever they auction it to will be the new owner. Sounds like the mechanic knows it's not really your car, he's fishing for money. And you should always know who is buying the car and put their name and addresses on any paperwork such as the title you signed over and a bill of sale...and keep a copy for your records...Even could go as far as ask to see their identification and take pictures of who drove off with the car.....Plus you sold it cash, that's ok, but leaves no trail of who bought it like a check would. Buying cars and "flipping" them to someone else happens all the time. "it's not for me, it's a gift for someone else, I'll have the real owner put in his info later"...etc....When it doesn't happen, there's problems... Good luck... Last edited by 90503; 02-29-2016 at 10:12 AM. |
02-29-2016, 10:14 AM | #45 | |
Drives: 2012 RS/2SS, 69 ProStreet Camaro Join Date: Oct 2011
Location: North NJ
Posts: 478
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02-29-2016, 10:39 AM | #46 |
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Contact your State DMV (even online) and mark your car SOLD. Don't touch that car - you may face a real pain in the a** from ANYWHERE you can't predict. Consult your lawyer. The bottom line is: you have been paid for that car and you should officially make that car SOLD (at DMV level). Period |
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02-29-2016, 10:46 AM | #47 |
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Many years ago a friend of mine sold his 69 vette to a guy that he knew. Two years later he got a similar letter saying if he didn't pay the money owing for repairs and storage the shop would auction it off. Turns out the guy he sold it to was a drug dealer who got in trouble with the law and fled the country and went back to eastern Europe without ever transferring the title. My friend paid off the mechanics lien and got the car back. No repercussions.
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02-29-2016, 10:46 AM | #48 |
CamaroFans.com
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I would hope he has a Bill of Sale proving the transaction took place. I'd make a trip to the DMV and properly report it as sold.
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02-29-2016, 01:33 PM | #49 |
Drives: 2010 2SS/RS M6 Black on Black Join Date: Jan 2010
Location: Global Citizen
Posts: 1,243
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OP:
I'm not a lawyer (I just play one on TV), but I am experienced in liens and collection laws, so here's my two cents. You don't own the car, even though it's still in your name. but if you pay the $1,700 you assume the position of the mechanic's lien, and as long as you maintain physical possession of the car, it's "yours". As they say "...possession is nine-tenths of the law...". When it comes to creditors taking personal property it's generally "first in time, first in right", but whichever creditor first takes actual physical custody of the asset has the right to the asset--even if their lien arose after other creditor's liens. The mechanic's lien trumps even a title loan, as long as the mechanic maintains possession of the car. Get a lawyer's advice on the specifics in your case. Bummer that you have to incur costs to get/keep the car. However, I wouldn't drive it until a judge rules you own it. Just store it and insure it against theft and vandalism. Maintain records of all costs incurred in getting the car, in case the original buyer tracks the car down and wants it back. He would have to reimburse you the $1,700 plus all other costs. I know storage costs could eat you alive after a while, but you can find storage facilities that could store a car for around $100 per month.
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Meh
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02-29-2016, 02:17 PM | #50 |
ALWAYS-N-BOOST
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Go get the Car....at this point your on the hook for the $1700
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02-29-2016, 02:29 PM | #51 |
BCS Auto
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No he's not. He legally sold the car and can prove it. He's not on the hook for anything.
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02-29-2016, 02:32 PM | #52 |
ALWAYS-N-BOOST
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According to the Shop he is the Owner on record and has an Outstanding Balance, If he wants to protect his name and credit rating he needs to go get the car. deal with the other stuff at a later time
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2012 1LS M6 Black-Sold 2013 2LT M6 BluRay- Sold 2015 1SS 1LE M6 Black-Sold 2021 ZLE A10 Riverside Blue - Awaiting Arrival 01/10 |
02-29-2016, 06:32 PM | #53 |
Would rather be riding
Drives: No car no more Join Date: Jul 2009
Location: Indiana
Posts: 2,750
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They won't send pictures because they aren't the homeless car relocation service, they are holding it hostage in fact and very much want to own it themselves.
At this point they could care less if it's claimed, they are sitting on a goldmine and they know it. From what has been said it sounds like they towed it in as an abandoned vehicle for whatever reason. It may be wrecked or broken down but it's worth way more than $1700 which is probably an inflated number. They charge like $30 per day storage. The OP isn't liable for anything, contacting him was just a formality, this isn't a collections attempt it's a legal notice that hes about to lose claim to the car. Like I said, if you plan to get this car your time is running out. You need to get to the BMV and get a replacement title, it's likely that it may need to be legally plated before it can leave as well.
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No dog in this fight anymore.
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03-01-2016, 11:49 AM | #54 |
Formerly Camaroc5
Drives: 2010 Camaro LT/RS M6 Join Date: May 2010
Location: USA
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Deleted
Last edited by CamaroC-17; 03-08-2016 at 02:19 PM. |
03-01-2016, 11:52 AM | #55 | |
Drives: Black L99 2SS/RS Join Date: Mar 2014
Location: San Antonio, TX
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I wish you the very best and let's hope you can get your baby back! Keep providing us updates as well. |
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03-01-2016, 12:05 PM | #56 | |
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I mean, you DID take $18K from him in exchange for the car. It's quite possible that he (or his family) have a bill of sale showing he purchased it from you. How do you justify your actions if he comes looking? Not baggin on you. just curious.
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