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Old 02-28-2012, 03:42 PM   #1
Rizon
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When the DMV thinks you own a car that you don't have

So my wife, admittedly through her own laziness, has gotten herself into an unusual situation. She sold a car about 5-6 years ago. She mailed in the release of liability form and signed off on the car. Unfortunately, the DMV never received it and the guy that bought it never filed with the DMV that he bought it. She didn't keep any copies of the information.

So of course the car began racking up tickets all over the world. The ticket fees would come to her address. She'd also get the registration invoices.

She's spoken to the DMV several times about it, and each time they've told her there is nothing they can do: that she needs the name and address of the guy she sold it to in order to transfer liability out of her name. She has neither.

She asked the police if we could report the car as stolen, and they said he could sue us since he's holding the pink slip.

She stopped receiving tickets for it about a year ago, but today we received a notice from the state saying they've deducted $460 from our tax return because of unpaid fees for the car. So this is obviously something that has not gone away.

I'm totally out of ideas. And of course pissed at my wife.
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Old 02-28-2012, 03:56 PM   #2
JediKooter
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I'd have her file another release. You should have the license plate number and the VIN number from the tickets. You can probably deduct where this guy lives by the location that the tickets were written. You would then feed them into your computer at home, where are plucky teenager could then hack into any street cameras in the vicinity of where those tickets were written and then, like a trail of bread crumbs, follow him back to his house, resulting in the acquisition of the address of this rolling scoff law.

Or you could hire the A-Team.
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Old 02-28-2012, 03:58 PM   #3
Rizon
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I'd have her file another release. You should have the license plate number and the VIN number from the tickets. You can probably deduct where this guy lives by the location that the tickets were written. You would then feed them into your computer at home, where are plucky teenager could then hack into any street cameras in the vicinity of where those tickets were written and then, like a trail of bread crumbs, follow him back to his house, resulting in the acquisition of the address of this rolling scoff law.

Or you could hire the A-Team.

We actually did go to the location of the tickets. They were a block away from a BART station
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Old 02-28-2012, 04:01 PM   #4
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So he lives at a BART station? He has a mobile home is what you're saying?
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Old 02-28-2012, 04:04 PM   #5
Rizon
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So he lives at a BART station? He has a mobile home is what you're saying?

He's about to get a mobile foot in his ass. Is what I'm saying.
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Old 02-28-2012, 04:05 PM   #6
gstelmack
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There was no transfer of title with a signed title from the other guy? Having no paperwork at all will make this difficult I would think.

And issues like this are why I never sell my cars myself, I'm too afraid I'd screw up something like this myself.
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Old 02-28-2012, 04:09 PM   #7
JediKooter
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He's about to get a mobile foot in his ass. Is what I'm saying.

That could work too.

Orrrrrrrr...you could download one of the forms that the other person didn't mail in, make a fake name and address, send that in, tickets stop coming to the wife, problem solved. Something tells me the DMV's investigation into these kind of things are about as thorough as their help was when your wife told them she already sent in the paperwork.
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Old 02-28-2012, 04:23 PM   #8
Coffee Warlord
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Quite handy this thread has come up. My wife sold her car to a family member a couple months ago, we had no idea about the form to the DMV. Whee.

Time to mail that sucker out.
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Old 02-28-2012, 04:46 PM   #9
Passacaglia
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A guy that I work with did something similar. He went down to the general area where the guy lived (which was the south side of Chicago), in the middle of the night, and took the plates ("his" plates) off the car.
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Old 02-28-2012, 05:50 PM   #10
RendeR
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You should be able to simply file an affidavit of non ownership. You must get it notarized and file a copy with the county clerk (depending on the county you live in) most times the DMV can then accept that and move on with their investigations.

The affidavit must state clearly and plainly exactly he circumsdtances involved in EXTREME detail. Do not leave out anything. This can then be reviewed.


however since this is pretty obviously your wife's plain old screw up they may decide she's liable either way because she was dumb.
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Old 02-28-2012, 07:03 PM   #11
sterlingice
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Or you could hire the A-Team.

Thank you for getting that theme song stuck in my head. So much better than what was there before

SI
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Old 02-28-2012, 07:06 PM   #12
terpkristin
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Oddly, I read two articles on Consumerist today that seem related. The comments there might have something that can help...
Delaware Drivers Getting Booted For Unpaid Tickets That Aren't Theirs - The Consumerist

Man's Car Is Stolen, He's Left With $1,242 Towing Bill - The Consumerist

/tk
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Old 02-28-2012, 07:09 PM   #13
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Thank you for getting that theme song stuck in my head. So much better than what was there before

SI

You are welcome. Tomorrow it's going to be the Odd Couple theme song.
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Old 02-28-2012, 07:14 PM   #14
sterlingice
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Great- now I have that in my head battling The A-Team theme song. Now that's an odd combo

SI
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Old 02-28-2012, 07:31 PM   #15
wade moore
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Originally Posted by RendeR View Post
You should be able to simply file an affidavit of non ownership. You must get it notarized and file a copy with the county clerk (depending on the county you live in) most times the DMV can then accept that and move on with their investigations.

The affidavit must state clearly and plainly exactly he circumsdtances involved in EXTREME detail. Do not leave out anything. This can then be reviewed.


however since this is pretty obviously your wife's plain old screw up they may decide she's liable either way because she was dumb.

I don't know the technical logistics, but I think RendeR has a point here.

I think focus needs to be on stopping future issues, but there's a good chance she will be liable for everything up until now.
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Old 02-28-2012, 07:47 PM   #16
dawgfan
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Yeah, I learned this lesson myself the hard way. Bought a car at a dealership, traded in the old junker as part of the process, signed over the title, figured I was done.

Fast forward a year or two later, and I'm getting a bill from a towing company for the old car which had been abandoned, and turned out the car was still registered in my name as far as the state was concerned. Whoever had ended up with the car never registered it in their name, so I was on the hook because I hadn't filled out a form with the DMV notifying them I'd rescinded my ownership of the car. After consulting with a lawyer, arrived at a settlement with the towing company, but still had to pay several hundred dollars in towing and storage charges.

Always make sure you follow all the needed steps in getting a car you sell out from under your name.
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Old 02-29-2012, 10:59 AM   #17
JediKooter
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Great- now I have that in my head battling The A-Team theme song. Now that's an odd combo

SI

Good thing I didn't mention the Cheers song.
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