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» Northern California Ford Owners     » Automotive   » General Talk   » Tow yard/Release of Liability question??? (Page 1)

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Author Topic: Tow yard/Release of Liability question???
*EPIK*
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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* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
Sydewayz 24/7
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Get the car back

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Stayin Sydeways

Posts: 772 | From: Hayward | Registered: Nov 2008  |  :
dubfive-0
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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

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Posts: 1700 | From: SAN JOSE | Registered: Feb 2009  |  :
Josef Mengele
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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.
Posts: 93 | Registered: Oct 2010  |  :
Josef Mengele
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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.
Posts: 93 | Registered: Oct 2010  |  :
93bluecoupe
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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

Posts: 271 | From: Melolambes | Registered: Dec 2009  |  :
*EPIK*
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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...


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[ October 28, 2010, 01:22 AM: Message edited by: *EPIK* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
Josef Mengele
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Get it back and sell it to somebody else right away, then he'd be screwed.
Posts: 93 | Registered: Oct 2010  |  :
*EPIK*
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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* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
*EPIK*
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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...

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
asskickn88
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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.

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Posts: 6069 | From: Rocklin, Ca | Registered: Oct 2004  |  :
bigjerry
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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.

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Posts: 416 | From: Sacramento | Registered: Sep 2005  |  :
*EPIK*
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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...

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
SteveL
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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.
Posts: 560 | From: San Jose, CA | Registered: May 2002  |  :
season'd 88
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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.
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*EPIK*
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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...

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
Rigo5.0
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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.

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Posts: 1340 | From: Bay Area | Registered: Jan 2005  |  :
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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.

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Posts: 9158 | From: Sacramento Ca | Registered: Jan 2006  |  :
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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.

Posts: 7798 | From: San Mateo | Registered: Jul 2000  |  :
*EPIK*
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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* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
Sco Cuddie
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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.

Posts: 675 | From: Fairfied | Registered: May 2006  |  :
*EPIK*
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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* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
*EPIK*
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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...

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
*EPIK*
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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* ]

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Posts: 6779 | From: 916 | Registered: Mar 2007  |  :
50 Deep
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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.
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