Ok...last year I sold a car to a teenage girl....she bought it in cash and apparently never registered it...I get a statement from the DMV saying registration is due in may....I go down to the DMV and state that it isnt mine...they say ok and send in a 2nd release of liability since the girl never sent in her registration and never recieved my first one. Later on down the road the car gets towed away (i saw it everyday parked for almost 8-9months in the same place when id go to work) and the towing company contacts me saying they took my car....i say its not mine, got multiple papers issued from my local DMV stating the car IS NOT MINE, then I give the papers to the towing company in town and they say ok.....and now a few days ago they send me a letter stating I owe them $1500 due to storage fees and if i dont pay within 10 days they will start a collection agency against me....keep in mind that the DMV says its not mine and I've prooved it before to them and they are persisting....keep in mind that i had send in a 2nd release of liability 2 months BEFORE they towed the car and it shows that on the DMV printout i gave them...so im not responsible according to the DMV....from what i hear from a friend's dad that works for the state....it is HIGHLY ILLEGAL for the towing company to persist and try to send a collection agency and they can be FINED for doing so and I can sue them as well, i'd rather not go to court to sue them but if they try anything i just might in small claims court if i can on my own with my proof from the dmv......anyone have any thoughts on this situation?

 

Sue the bastards!

 

if you have all the paper work from the dmv, you should have no problem with the towing company.

And yes it is very illegal for the towing company to hassle you like that and you should take them to court and gets some money out of it.

then you should sue the girl for the time wasted for dealing with the dmv and towing company.

 

we'll im looking into that as well...ONLY if they persist in trying to collect money for me....i mean come on theyre just trying to bully me into paying up for something thats not mine...i sent in a 2nd release of liability form to the DMV TWO MONTHS before they towed the car!!! sheesh this wouldnt happen if CA sucked so much....they lost my 1st one...this is the SECOND time they have done this to me...once on a ford probe i had...and now this car if i were to sue in small claims court if my case is completely solid...any money would be nice...and yes i know i have to pay court fees...a part of the $ would go to my car of course and a good portion to my retirement fund err ferrari fund hehe

 

oh yea i know...ive got my bases covered.....im just worried about it because the car was registered under my father AND ME and im more so watching out for him especially since i live at home.....btw if they try to take my car via collection agency.....all i have to do is call the cops and report it stolen since i have lojack on it hehe

 

I pretty much had the same experience a few years back. I sold a truck to a guy, he paid cash, he doesn't register the truck, leaves it on the street in front of his house (the truck needed some minor work), it gets towed, towing company says its mine, DMV has their head up their a$$, blah, blah, blah.

I ended up having an attorney friend send a letter to the towing company and the buyer. The towing company was all sweet after that, never heard from the buyer or anything after that. The friend still charged me for the letter (the bastard, oh sorry, all attorneys are bastards even if they are friends)

 

hehe i hear that....there is an attorney that is on 810AM KGO on the weekends (Len Tillem) I used to listen to him when I was younger and stuck in the family car while driving....and he gives free legal advice so I emailed him the situation hoping that he would have a good answer for me. If I can get a letter from an attorney to shut up the towing company that is fine...but I know damn well an attorney wouldnt want to take on a puny case like this and I don't want to pay the legal fees anyways since it would cost a fortune i assume

 

Ok I was scouring through the CA DMV website and found this stuff since the towing company gave me a legal code:

Legal Code from towing company:
22524. (a) The abandonment of any vehicle in a manner as provided in Section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

NOW here is what it says NEXT that will aid me

(b) An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in subdivision (a) by demonstrating that he or she has complied with Section 5900 or providing other proof satisfactory to the court.

(c) This section shall become operative on July 1, 1989.




v5900:
5900. (a) Whenever the owner of a vehicle registered under this code sells or transfers his or her title or interest in, and delivers the possession of, the vehicle to another, the owner shall, within five calendar days, notify the department of the sale or transfer giving the date thereof, the name and address of the owner and of the transferee, and the description of the vehicle that is required in the appropriate form provided for that purpose by the department.

(b) Except as otherwise provided in subdivision (c), pursuant to subsection (a) of Section 32705 of Title 49 of the United States Code, the owner shall also notify the department of the actual mileage of the vehicle as indicated by the vehicle’s odometer at the time of sale or transfer. However, if the vehicle owner has knowledge that the mileage displayed on the odometer is incorrect, the owner shall indicate on the appropriate form the true mileage, if known, of the vehicle at the time of sale or transfer.

Providing false or inaccurate mileage is not a violation of this subdivision unless it is done with the intent to defraud.

(c) If the registered owner is not in possession of the vehicle that is sold or transferred, the person in physical possession of that vehicle shall give the notice required by subdivisions (a) and (b). If the registered owner sells or transfers the vehicle through a dealer conducting a wholesale motor vehicle auction, the owner shall furnish the information required by subdivisions (a) and (b) to that dealer.