Help (Big Time)

[LUVNLIFE]

Thanks in advance for any suggestions and answers.This could have been worse I know.
About two months ago I put my truck up for sale. Sold in about 6hours to a guy who had cash in the pocket. The guy was Mexican and told me the truck was going to his property in Mexico, the guy spoke little English and brought someone with him who knew little more. The reg was just paid, we did the transaction, filled out the pink slip and I was stoked. Damn that's cool it's gone.
Thursday I recieve a notice from Ross Baker towing that they have my truck and I owe towing fees and storage. The wife calls them and tells them that we sold the truckand they say oh no proband ask if we sent in the liability release form. Of course we did and a quick call to those helpfuul and courtious people at the DMV will clear this up. I hope I didnot offend anyone that works at the DMV. They tell me that they do not have my liability release and it might have gotten lost, not entered into the system, running behind, a dog ate it, or someone blew their nose with it and threw it away. But surely I made a copy of it and have that in my possession. No, that's mistake number two. You see I haven't realized I had alredy made #1 mistake.
A call to AAA, that's three a's not two a's but that might be soon, will surely clear it up. They tell me the truck appears that it is mine and to keep from incurring charges storage and towing I should go get it. I make the calls and decide to get it. This is because I don't want to be drug to court for fees and I'm pretty sure the guy I sold it to got pulled over and arrested. See the towing company has the keys. It was picked up in Van Nuys in an area where you would not leave your keys in the car.
My better half and this is why she is calls the LAPD to check it out. The officer asks if we made out a bill of sale and if he has a copy. Of course that's the right thing to do. If I gon get the truck and he comes forward I could be charged with felony fraud and grandtheft.
The guy prob got deported. See that was mistake #1 I didn't ask for ID at the time of transaction.
I went to trple A and filled out another release of liability but did not have the street # for the guy, street yes but no # and all other info is complete.
The towing company is nice but tell me I need that release, some say the truck is mine because it is still in my name others say it is not mine. The towing company has alredy told me they will be giving me notice to pay the charges but won't they lien the truck and sell it to pay the fees? I don't want the truck I just want to be clean on my end.
Any thoughts are appreciated. Thanks eek! :mad: burningm

[SCLB41]

I'm thinking you would not have to worry about the guy coming back for the truck, but if he did, crimianl action against you is highly unlikely. The tow co. should be able to tell you what law enf't agancy impounded the truck, and that info may help you find out what happened to the guy by calling that agency and giving them the veh. info. You may be able to get the truck back to him, but you would probably then have to go to the DMV and re-do all the paper work.

[Mandelon]

So the tow truck company has the truck and you have been paid for it. It is not yours anymore. Tow company will sell the truck to pay their fees.....but....the truck is probably worth more than the fees they will have levied against it....so who get the overage?
I would send the tow truck company a letter 'splaining the circumstances. Disavow any responsibility on it and see what happens. Worst case they sell the truck and recover their fees....

[73beast]

Many years ago sold a car for cash ,did what you did with DMV paperwork and it was also lost, 3 months later got a call from Las Vegas to come and get "our" car,was sitting in police impound. Called and said we had sold it and didnt want the car back and never heard about it again.

[JetBoatRich]

I am surprised at you Cale, Jen let you get away with that. I always worry about people taking my vehicle I just sold and going out and causing harm. So I always make sure the release paperwork is complete while they are around and correct. Make copies and get to DMV immediately.

[JetBoatRich]

Somewhat related:
I had a friend when I lived in the South Bay. His Harley was Stolen one night, the insurance company pays him off and he goes out and buys another.
Two years or so later he get a call from the police department and they say they found his bike. It was stripped down in pieces, but appears most parts are there. He tells them it is not his, the insurance company paid him. The police have no records of this. He tries to contact the insurance company and they are no longer in business. DMV tells him it is his, so he gets and had it rebuild.

[LUVNLIFE]

You can bet we will be on top of the game next time. On Monday I am going to call the tow company and tell them I released the liability again. The truck is in good shape and will be worth more than the fees even though it has a 30 day hold. Idon't want the truck back that's why I sold it so I hope the tow company takes ownership, sells it and that's it.

[Moneypitt]

The impound yard may pressure you to pay the fees or else!! However, ALL they can do is sell it for fees owed.. The paper work involved for them to lien sale it costs them money, so they would perfer that you get worried and give them the fees. Do nothing, don't worry, If they continue to bug you after you informed them it's not your truck, ask the DMV for info into the commisioners office that oversees the towing contracts..Or do nothing......Moneypitt

[blownmoney]

the yard will put a lein on it, you might see some paperwork eventually in thte mail asking you to pay the charges or fore go the vehicle , in which case one of the employees will buy it from the yard and sell it... if you don't want it , when you get the paperwork, mark " unwanted" and send it back, or make no replie at all!

[Kilrtoy]

:D RELAX, :D DON'T WORRY, :D BE HAPPY,
All they are going to do is sell it at auction, they are required by law to send you that notice, if you dont respond and pick up the truck, they can legally sell it and make a ton of cash....
Dont even sweat it!!!!!!!!

[wsuwrhr]

LUVNLIFE:
Thanks in advance for any suggestions and answers.This could have been worse I know.
The towing company is nice but tell me I need that release, some say the truck is mine because it is still in my name others say it is not mine. The towing company has alredy told me they will be giving me notice to pay the charges but won't they lien the truck and sell it to pay the fees? I don't want the truck I just want to be clean on my end.
Any thoughts are appreciated. Thanks eek! :mad: burningm Well, lets see here, you own a truck you no longer want. I might just be interested in helping you with that. Tell some info about the truck and what the fees are.
If I like it, I'll take it off your hands. Sounds like a deal to me. So whatcha got? A win-win for both of us.
Brian
[ August 24, 2003, 10:05 PM: Message edited by: wsuwrhr ]

[wsuwrhr]

damn double post
[ August 24, 2003, 10:03 PM: Message edited by: wsuwrhr ]

[raff]

Ok here it is from the horse's mouth, my wife works for a Vehicle Lien Company that sends out these notices from the tow yards to people.
Here's the deal. DON'T GO TO AAA!!!!!!!!!!!!
That was your first mistake, go to any DMV and fill out 2 Release of Liability forms, one for the DMV and the other you get them to STAMP showing that they got it, then send a copy of the stamped Release to the towyard.
They are required to send you the notice since your name is still on there. True, if they sell the car for more than was owed on it, you won't get the excess fees, technically, the excess fees should go to DMV General Fund, and the true owner must request a refund. Good luck in that EVER happening to anyone, whether they are entitled or not, we call it the DMV SLUSH FUND. HA HA.
So once you send a copy of the stamped release to the towyard, file it away, and in a few months, call the DMV 800-777-0133 and just ask them to verify that it is no longer in your name, or at least they have the release of liability filed.
If they don't sell it for what the charges were, they could also send a collection agency after the last known owner, but again, if that happens, just send them a copy of the release, no worries, just a pain in the butt.
Mark (Sara) out

[C-2]

If you executed a bill of sale…the car has been sold. Period. DMV will also recognize the release of liability from the date it was SIGNED, not when the DMV received it. Sounds to me like you’re just in a time frame loophole.
Don’t stray from the fact the vehicle was sold and it’s a done deal. The tow yard can scream and holler all they want. If you have a bill of sale in hand, and when the the DMV finally RECORDS the release of liability, the issue will be moot/dead. The tow company knows this and they’re just trying to get paid by whomever they can get to pay

[wsuwrhr]

Exactly, even if you DID still own the vehicle, the tow yard couldn't do anything to you. All they can do is sell the vehicle as a lein.
HOWEVER....you will still be responsible for the tags for the car through the DMV. So you do need to fill out a release of liability, at the DMV, and if they bitch about the address of the buyer, tell them the vehicle was abandoned, and give the address of the towyard. **** em.
The same thing happened to me with my old motorhome. Dumped it on the side of the road and sent in a release of liability, saying the motorhome got towed away(half truth) and that I didn't have anymore interest in it. Sent it off in the mail and forgot about it. Two years later I bought another one, and when I transfered my personalized plate from the old motorhome, guess what, they never got my form. So I owed 300 for back registration, or I couldn't use the plate. ****ers.
Brian

[LUVNLIFE]

Thanks for the help everyone. I started a file and have been documenting everything. Today I am going to call the tow company and tell them I released the liability again( and I have a copy this time) and that since I have a bill of sale I no longer own the vehicle. Starting to feel better about it.

[LUVNLIFE]

Thanks again for everyones info. Here is an update for future referance. The DMV sent me a registered letter stating the towing company applied for a lien sale on the truck. The only way to stop them was to return the paperwork and pay the costs. About $300. Well I did not return the paperwork and ironically I had 10 days to return it. The post office attempted one delivery and then nicely waited 12 days to leave a note that the letter was at the post office.