View Full Version : anyone have to give an abandoned car back to the owner? advice please


Revhead
05-03-2007, 10:09 PM
Here' s the story..

My friend calls me and says their company has rented a new building and there was a car left behind. He says let's wait a couple weeks and if no one shows up then We'll sell it to ya. So we wait and after 2 1/2 weeks the landlord comes by and says "oh that car is still here? I'll have it towed off." My buddy says "no sweat we have it taken care of" and the landlord says "ok, no problem" and leaves. Well I bought the car ( no title of course) and 2 months later the "owner " comes to my buddys shop looking for it. My friend calls me and I tell him to give the guy my number. SO I talk to the guy and he give me a bunch of attitude about how it's not his fault and so on, and I ask if he can pay me the $100 towing bill. He says no and he'll report it stolen if I don't give it to him.

I don't like screwing the guy out of his car and would have worked something out with him if it wasn't for his attitude. I am tempted to haul the thing out to the side of the highway and let him get it out of impound since that's where it was headed, before I got it anyway.

Do I have any say in this or am I just screwed out of my $100 and car? I am pretty sure I can get my money back for the car, but what about the time money and labor spent on the car since I got it?

I have a feeling I am just out some money and time, but if any of you have had this happen, let me know how it turned out for you guys.

hotrodladycrusr
05-03-2007, 10:18 PM
Sounds to me like you knowingly "bought" a car from a guy who didn't own it. Your lucky he didn't show up with the police and have you arrested for stealing it.

Goztrider
05-03-2007, 10:18 PM
That's a touchy one. I'd tell Homer that he can pony up the $100 or no car, and I'd also have your buddy tally up a storage bill for the time it sat at his place. Check the local impound lots to find out their rates, and match them.

The other thing is - does he have a title to the car? If not, it is very doubtful he can prove ownership anyway.

Personally, I'd tell him to call the cops. Filing a false police report is a felony. The car isn't stolen - you bought it legitimately.

How long did it sit prior to your buddy taking over the shop?

john56h
05-03-2007, 10:19 PM
there was a big discussion a while back on this subject:

http://www.jalopyjournal.com/forum/showthread.php?t=159084&highlight=coming+for+my+car

Aman
05-03-2007, 10:22 PM
I'm afraid you're right. :( If he has title to it, he can bring the cops and take it. Funny how cars can sit forever, rusting to the ground until someone else wants it. Then, it becomes the most important thing in his life. He'll probably take it to another lot to rust and never touch it. Wonder how long this guy has owned it? I think I'd hold out for the $100 just to fuck with him and make him prove it belongs to him. What about a mechanics lean? If it's not titled that won't help though. Hum...might be better to give it up now before you put anymore money in it.

Revhead
05-03-2007, 10:25 PM
Sounds to me like you knowingly "bought" a car from a guy who didn't own it. Your lucky he didn't show up with the police and have you arrested for stealing it.

Yes I did "knowingly" buy a car from a guy that didn't own it, but I've bought many abandoned cars where the guy owns the land not the car technically. In this case he is renting it and the landlord was going to have it removed, just like the rest of the trash that was cleaned up before they moved in.

I don't see how he could have me arrested at all, He did leave his crap on someone else's property without permission...

TrannyMan
05-03-2007, 10:32 PM
I would strip it and tell him that's the way you got it.:)

Actually I would get my money back from the guy who sold it to you.
Unless you got some connections, I really don't think there is anything you can do. I believe it's illegal in Texas to charge storage fees unless you have a storage license, even then you are limited to charging ten days without notification to the owner.

If you owned a shop, you could charge an administration fee against the car, billable to the guy who had you tow it off. The owner would then have to go against the "seller" or he could report it stolen and just wipe it clean.

It sux, cut your losses and run.

1oldtimer
05-03-2007, 10:33 PM
have you buddy start a lein sale on it, if he wants it back he needs to pay for storage (3 months @ $300 month). may cost about $80........

Dirty2
05-03-2007, 10:37 PM
Sounds to me like you knowingly "bought" a car from a guy who didn't own it. Your lucky he didn't show up with the police and have you arrested for stealing it.

I agree BUT he still should at least pay storage .

Goztrider
05-03-2007, 10:42 PM
I say contact the landlord. The car was abandoned on the landlord's property, and the landlord was going to have it removed and either scrapped or impounded, as I'm sure the guy moved out and left his stuff there, thereby making it the landlord's trash/car/property. If the landlord gave the car to your buddy, then I'll bet he had a legal right to sell it.

Revhead
05-03-2007, 10:44 PM
If he agrees to pay for the towing I'm just gonna give it back and be done with it. What really pissed me off though was his attitude on the phone. He acted like I did steal it. I don't steal anything, but if I left my car on someones property for half a year or more, I wouldn't just expect to come back and pick it up and say "well thanks for looking after it for me". Crap I have enough storage problems for my cars I wish that is how it worked, I'd unload some of my junk down the street and get it later:D

He's lucky it wasn't REALLY stolen, It wasn't behind any fence or anything, just in back lot and in the Royal/Harry Hines area.. if your not familiar with Dallas, that's not the best of neighborhoods.

-Brent-
05-03-2007, 10:48 PM
I remember there being a law around here that stated something like a vehicle abandoned more than three months can be claimed by the land- owner. There was some paperwork that went along with the process but it made sense... You abondon it someone it becomes someone elses problem. Trouble is, most times it's not a "cool" vehicle.

asher
05-03-2007, 10:57 PM
If the guy was kicked out of his place or even moved out and left the car, then the car becomes property of the land lord. So all you need is a bill of sale from the land lord and info on when the guy left and that he left the car there from the land lord. You have the car in your possession. He left it behind. So he cant report it stolen if he knowingly abandoned the car.

Junkyard Jan
05-03-2007, 11:02 PM
Won't help now, but next time don't give the property power your number nor let your bud. If by the grapevive you hear that the "owner" is looking for the car, it'll give you time to part it and dispose of the remains. I know that it isn't "right", but you won't believe how many dealer financed (same basic deal) cars I've taken to the crusher.

Jan

fab32
05-03-2007, 11:04 PM
I agree that giving it back is probably the easiest thing to do to save further hassle. However, the engine, transmission, stereo,etc weren't in the car when you got it;) ;) ;) AND don't let him have the car until you see a valid title in his name.

Frank

chaddilac
05-03-2007, 11:14 PM
I'd put a lein on it anyway to get that $100 back... then you can also put a storage lein on it!!

FoMoCoPower
05-03-2007, 11:21 PM
what kinda car?

EarPunch
05-04-2007, 12:10 AM
what kinda car?

Thats what I was thinking, I just didnt want to pour salt in the wound :D .

fiddysixF
05-04-2007, 12:37 AM
I remember there being a law around here that stated something like a vehicle abandoned more than three months can be claimed by the land- owner. There was some paperwork that went along with the process but it made sense... You abondon it someone it becomes someone elses problem. Trouble is, most times it's not a "cool" vehicle.

Same here in Michigan. Years ago a girl I dated bought a house, and the sellers sister and husband had a mobil home stored on the property. Long story short, she found out through a lawyer that after 90 days, it would become hers. I think she had to send a certified letter to the owners informing them of her intent.

kustombuilder
05-04-2007, 12:55 AM
you should go to your secretary of state or DMV and ask them what the laws are in regaurds to this situation. or better yet a lawyer that is familiar with those types of laws. don't bother asking a cop. in my experience cops know very little about the actual details of most laws other than the ones they may enforce on a adaily basis. such as traffic laws and what not. it is a lawyers job to know the details (or "letter") of the law.

Shoebomber
05-04-2007, 01:07 AM
i'm sure that somewhere in the landlords lease it says any property left behind after abandoning the domicile becomes the sole property of the landlord. there fore it's legally yours and he has to suck it up and realize that he coan buy the car off you or forget about it entirely.

Revhead
05-04-2007, 01:53 AM
Thats what I was thinking, I just didnt want to pour salt in the wound :D .

Well it's not traditional that's why I didn't mention it, but it is a '68 Camaro RS

Fabricator
05-04-2007, 02:11 AM
..............................................but it is a '68 Camaro RS
ask him, ..........What car?

Ratmotor
05-04-2007, 06:01 AM
68 RS Camaro??? I,d sure as hell be finding any way of keeping it! i had a 68 RS convertible when I was a kid.......

hatch
05-04-2007, 06:27 AM
Stash it........then wait and see what the owner does. NO visible car....no problem.

turboroadster
05-04-2007, 07:07 AM
Yes I did "knowingly" buy a car from a guy that didn't own it, but I've bought many abandoned cars where the guy owns the land not the car technically. In this case he is renting it and the landlord was going to have it removed, just like the rest of the trash that was cleaned up before they moved in.

I don't see how he could have me arrested at all, He did leave his crap on someone else's property without permission...
mechanics storage lein, problem solved. he may have title to it, but you can yank it from his pocket with an ink pen and proper paperwork filed with the county.

Lobucrod
05-04-2007, 07:20 AM
If your gonna let him have it I'd at least tell him to bring the title when he comes so you can make sure it's his to start with.

vintage56
05-04-2007, 07:30 AM
I agree totally with going thru the landlord. was the po a tenant, I know in OK, if a tenant abandons property it becomes the landlord responsibility to dispose of it. I'm not sure that it necessarily belongs to the landlord, but he can dispose of it and be compensated by proceeds for his labors.

Godzilla
05-04-2007, 09:08 AM
Contact a lawyer. It is only thru the legal system that you are going to end up with this car. Also, the police will not get involved in it if it is a civil matter...hence...no criminal charges.

An attorney can file this "right of ownership" in district court and the only way that this guy has a chance at the car is to hire an attorney and go to court...all the time the car has to stay in your possession (more storage).

Make it too hard a fight and he might just shine it on. Have your buddy get you a bill of sale for abandoned property. Next time, run an ad in the daily newspaper with the serial number stating if anyone has a financial interest in this vehicle please call......... It will cover you down the road and a judge will award you the car. Good luck.

wz56km
05-04-2007, 09:23 AM
What would Harvey Birdman Attorney at Law do? :D

53sled
05-04-2007, 09:27 AM
What would Harvey Birdman Attorney at Law do? :D

That's funny, I don't care WHO you are!

Get a new body from Cars Inc, use it for parts, then you give him back the shell!:D

rixrex
05-04-2007, 09:30 AM
Wellll..in Texas there is an abandoned car procedure you can follow(used to be in the biz)..if you don't have the paperwork in place you have to give the car back..next time follow the procedure and if the owner shows up they have to pay you all your fees(Texas allows 15.00 per day storage)..follow the procedure and you wind up with a storage lien title....

DE SOTO
05-04-2007, 09:35 AM
HAVE YOU EVEN CONTACTED DMV TO SEE IF THIS SAID CAR IS EVEN REGISTERED OR STILL ON THE BOOKS ?

YOU CAN GO TO DMV AND FIND THIS OUT & THEY WILL SOMETIMES EVEN GIVE YOU THE LAST REGISTERED OWNERS NAME SO YOU CAN CONTACT THEM FOR A SAID "LIEN" ON THE CAR.

IF ITS NOT IN THE SYSTEM. REGISTER THE FUCKER BEFORE THE GUY CAN DO ANYTHING .... THEN ITS YOURS !!

I HAD TO GIVE ONE BACK ONCE, SAME DEAL.... LEFT AT A LOCAL GARAGE .. WOULDNT COME PICK IT UP SO THE OWNER GAVE IT TO ME .. A '55 FORD 4dr ... BUT THE OWNERS HAD IT ON NON OP SO I COULDNT LIEN IT

I WOULDNT GIVE UP A '68 RS WITHOUT DOING SOME FOOT WORK

Elrod
05-04-2007, 09:57 AM
I just spent a lot of time pouring over a lease because of my crappy previous house I lived in. There was a clause in there saying that if the property is abandonded or left , the landlord can dispose of the abandond items left at the property and is not held liable for doing so.

Legally, you may be able to work your way out of it. But the real life situation is that this guy might be some kinda dick and now that he knows your phone number (I hope you didn't give your address... I'd tow that thing down the street to the corner before you turned it over to him, too) he might start chucking rocks at your property, screwing with you, and being a jerk all the time until he gets his way.

I dunno. Even if you got legal protection saying you could keep the car, you still might have the jerk of a guy screwing with you all the time.

Revhead
05-04-2007, 11:35 AM
you are right Jason, He doesn't know where the car is, but he does have my cell number. He offered to sell it to me already for the $2500 he paid for it apparently. Seems kinda strange if he really wants his car. I had found some old registration papers in the car and his name was not on it. That probably means it is in the system though. I'm gonna run the vin today at the DMV and see who really owns it. I think I should do that no matter what route I take. This dude might have just seen it or helped clean the place out and was planning on taking it, and was too late. He claims he told people he would come get it at some point in time, but he didn't know anyones name or even the company's name that is in there now.

Section 8
05-04-2007, 11:46 AM
If he wants to sell it, ask him to fax you a copy of the title and you'll have all of your answers.
Don't meet him in person-- have him fax it.

bobby_Socks
05-04-2007, 12:22 PM
I think that you have a legal right to the car if not a good argument

Check this link

http://www.capitol.state.tx.us/tlodocs/79R/billtext/pdf/HB00480I.pdf

Lucky_mtl
05-04-2007, 12:26 PM
over here, if you bougt it in good faith, then it cant be taken away from you. the guy who sold something he didnt own should have to deal with the problems. i would just tel the guy to show proof of ownership before any discussion... if its not his, then its yours. pu it in your name asap.

Richard D
05-04-2007, 12:36 PM
'68 Camaro RS
What kind of idiot would leave a valuable car like that just laying around? Like the others said above, he's probably a crook trying to get his mits on it. I'm suprised no one where it was abandoned wanted it. I don't care if you hate Camaros or not, any car guy should know they are worth a bundle.

Mr T body
05-04-2007, 12:39 PM
If he continues to be a dick, push it in the street, have it towed, and let HIM deal with the impound fees.

old dirt tracker
05-04-2007, 12:46 PM
title conveys ownership. whoever has title is the owner. your lucky to not get arrested for possesion of a stolen car. there are ways to do this legal but you went around the laws and now you lose.

Revhead
05-04-2007, 01:01 PM
title conveys ownership. whoever has title is the owner. your lucky to not get arrested for possesion of a stolen car. there are ways to do this legal but you went around the laws and now you lose.

Look don't act like I am a crook trying to steal someones car. I buy cars out of fields all the time with no titles. It's not uncommon for crap to be left to rot. For one it is not stolen and not reported stolen. Second, it was abandoned and days away from going to the crusher/impound, so they way I see it, if he shows proof that it is really his, then he's lucky I moved it for him.

Granted '68 camaros aren't your normal field crap ,but it really does look like an abandoned vehicle. No engine/trans, Windows left down, in the rain. It had rained it in so much that the new unfinished floorpans had rust through now. rear wheel well arches cut out. flat tires, unfinished front brakes and the calipers that were in the trunk were so rusty that they are useless now. half-sanded, half primer with surface rust that doesn't grown overnight. Lots of parts missing like the grille, rear backup lamps, guages, etc. It's not like I found a cream puff camaro and thought hey, no ones looking I can get this.

and most of all we waited and waited and waited after they had rented the building, moved all their stuff in and so on and still no one had showed up for the car. Literally months after they moved in and it looked like it had been sitting there many many months prior to that and I've had it for 2 months now.

I am going to talk to their landlord and find out more.

If it truley is his I'll gladly give it to him for the gas money and towing. I won't give any shit about storage or anything, but if it just guy pretending to be the owner, who saw it a while back and was gonna get it, then i'll see what I can do to keep it. If that's the case and I can find the real owner I'll contact him.

usmc50lx
05-04-2007, 01:22 PM
title conveys ownership. whoever has title is the owner. your lucky to not get arrested for possesion of a stolen car. there are ways to do this legal but you went around the laws and now you lose.
Yes, but isn't possesion supposedly 9/10 of the law and if he can get a bill of sale/contract for removal from premises from the landlord that proves it was bought in good faith and that the previous owner had left it abandoned on the landlords property then the car should become his if it wasn't for him it would be a little cube by now anyways,did this guy all of a sudden go, "Oh I might have left my Camaro outside that building" or is he gonna say "Thats where it brokedown, and I went to get a tow, I came back and it was gone?"I'd be mad if someone was trying to get my project but I wouldn't have let it sit on someone else's proberty for that long even after I knew it had changed hands.-Paul

volken65
05-04-2007, 01:36 PM
Don't waste time or hair over this.

Take the paper work you have to DMV and try to register it, you did pay something for it, right?
If you can, it's yours... if you can't, have him pick his shit up.

I doubt you'll ever get your tow money back, thou...
If he is the legal owner, you've just towed a vehicle with out the owners permission. No matter where he left it.

Thats my 2cents

Revhead
05-04-2007, 02:01 PM
UPDATE:

I just got off the phone with the tax office. It IS in their records and she couldn't tell me who the owner is, but she would answer yes or no.. Guess what.. It's NOT titled in his name. I know that doesn't mean it's not his, but it kinda puts holes in his statement that he has a title with his name on it. I am gonna call the landlord now and see if he knew what the deal was with it.

brewsir
05-04-2007, 02:23 PM
Man just do a lien sale and get it all legal like. Storage and towing fees ...have a legit company do it and it should end up being yours.

Elrod
05-04-2007, 02:24 PM
heh. what a dork. you should let him know that you've run a vehicle trace on the car, and you know he's not the owner.

Looks like you can find out who the real owner is for about $50 at one of these sites. http://www.abika.com/Reports/vehicleownership.htm

There may be some HAMBers out there that have access to VIN info that might PM you with that as well.

Revhead
05-04-2007, 02:33 PM
so what kind of company does that type of work brewsir?i'm all for doing it the legal way, just never ave had to go through all this since most my titless car were for parts

Elrod
05-04-2007, 02:50 PM
Storage Liens-Mechanic's Liens
A storage lien or mechanic's lien is designed to protect a person who has stored or serviced a motor vehicle when the owner fails to pay storage or service costs.

When payment is not received for storage or service costs, a lien holder may attempt to recover costs by foreclosing on the lien. This begins the process which results in a public sale where the lien holder may acquire the vehicle through a bid purchase.


--------------------------------------------------------------------------------

Abandoned Vehicles
Before an abandoned vehicle can be disposed of, a public sale must be held in order to transfer title. The motor vehicle tax is due on the amount paid by the purchaser of an abandoned vehicle at public sale.


Here is some storage lien paperwork for texas...
ftp://ftp.dot.state.tx.us/pub/txdot-info/vtr/forms/vtr-265-vsf.pdf

Goztrider
05-04-2007, 03:00 PM
so what kind of company does that type of work brewsir?i'm all for doing it the legal way, just never ave had to go through all this since most my titless car were for parts

You know the car isn't titled in his name... what about going ahead with Broadway or Vintage Title service and get the title in your own name? If he can then prove he's the legitimate owner of the car, he'll get the bond instead.

Its a thought....

Aman
05-04-2007, 03:22 PM
This smells fishy(not that) if he's not the owner maybe he stole it and hid it there..hum..make another phone call to DPS.

Revhead
05-04-2007, 03:35 PM
Nah, it's not fishy, just miscommunication. It's all figured out now. I talked to the landlord and he confirmed who it belonged to, which is the guy claiming to be the owner. He had arranged with the landlord to leave it there.

What happened was that the landlord came by saw the car in the back still and said something like " oh that's still there?, I'll get it removed" , then the new tenant said "its' ok we'll take care of it" and the landlord assumed they had been contacted by the owner. They assumed the landlord meant to have it hauled off to the dump or whatever.

I'm meeting with the guy monday and he is gonna give me $100 for the trouble it has caused and all will be well. Why his name is not on the title, I don't know, but I have a '49 ford in the garage and my name is not connected to it legally either, so I understand how that could happen.

I think I need to go title my ford now haha

Danimal
05-04-2007, 04:11 PM
Get that Ford titled ASAP. Don't go through this again. Just what you need, to get accused of running a chop shop and have them come through your ass with a fine toothed comb!

leadsledbuick
05-04-2007, 05:21 PM
Danimal said it best,get on the ball and legalize your cars so that you cant be accused of anything wrong.

Aman
05-04-2007, 06:04 PM
I'm with you Rev. I think most people don't understand that you just can't run down a register a car in Texas without the proper paperwork. The owner probably did what a bunch of people on here do and that's buy a car, and not do the paperwork to avoid the taxes. The law has changed. You used to be able to write in any figure you wanted as the purchase price. Now, they refer to a book because so may people abused the system. What I do is make sure I get a title first and have it tranfered to my name. When you are ready to put it on the street, that's when you get insurance and go to DMV and hope like hell it goes well. You don't need insurance to transfer the title, just to register it and get plates. Rev from the description you gave, sounds like your not missing out on much except the rearend maybe. Get the $100 and sleep better.

Anderson
05-04-2007, 06:16 PM
Damn George, that sucks. I know you were pretty stoked about that one. It must just be a sign that you don't need another muscle car.

Revhead
05-04-2007, 06:24 PM
yeah kinda bummed, I like '68s alot, but tomorrow I am meeting the guy to get the '53 ford hardtop coupe, so not all is bad. Can't wait to see it in person.

And this one DOES have a title haha

MotorBike Mike
05-04-2007, 06:27 PM
Well it's not traditional that's why I didn't mention it, but it is a '68 Camaro RS


I'll give you 100 for it right now!!

Mike

Zombilly
05-04-2007, 09:11 PM
For next time: I think in Texas if you place a classified ad in the paper for two weeks for the owner to come pick it up (and he doesn't) and show proof that you did to the Texas equivalent of the ca. DMV. You can then reg. the car in your name. I may have some of the details a little off since it's been a few years since the last time I went though that in your fine state.

1950Deluxe
05-04-2007, 10:52 PM
First off what kind of car is it? Secondly give a lawyer a call and then call the landlord and get the info on when the guy left. If you know the guys name then you can call the dmv and run a vin search on the vehicle to see who the last registered owner was. If he can not produce a valid title then the car is yours. If he shows you a bill of sale as proof of ownership make sure that the bill of sale he has, has the VIN on the bill of sale and not just say he bought the car on this day from this dude etc. Without a vin on HIS bill of sale means he just wrote one on his way to pick it up and if he does come to pick it up I would probably have an officer present to verify HIS ownership. Also do not call him, let him call you and after 90 days if you do not hear from him then assume the car is yours. I have been through this once and it can get real ugly depending on how he decides to handle it. If the car is worth it to you then I hate to say this but fight for your rights and what you want.

LUSK
08-04-2007, 12:22 AM
Rule number one is NEVER buy a car with out a title.I could have bought 50 cars buy now with out a title. I did do a check on a 68 mustang and I dont know how in the hell it happend but I knew the guy who used to own it. I calle dhimand said meet me at the DMV it was mine hours later.

GassersGarage
08-04-2007, 01:34 AM
I saw an ad for a 55' Chevy straight axle gasser for $6K. It was by my wife's workplace so I went to look. It was a running car but needed some work. I was all set to buy the car until I found out that the person I was dealing with was not the owner. The owner was his brother, who had left the state because he was wanted. The guy said that he had the original pink slip from Colorado and that his brother had never transfered it in his name.

I asked him if his brother knew he was selling it. He said no. I decided to pass on the deal. If the brother came back, he could claim ownership of the car which would end up in civil court. Decided it wasn't worth the hassel.

The guy that did by the car is now asking $30K for it.

rustynewyorker
08-04-2007, 02:22 AM
Rule number one is NEVER buy a car with out a title.I could have bought 50 cars buy now with out a title. I did do a check on a 68 mustang and I dont know how in the hell it happend but I knew the guy who used to own it. I calle dhimand said meet me at the DMV it was mine hours later.

Even that varies from state to state. New York doesn't title anything older than 1973, Vermont does not use titles on cars over 15 years old, and several other states do something similar. In New York, I can get a new registration where the car has no paperwork with a couple DMV forms. They look up the serial number to make sure it's not flagged, and you get a transferrable registration if it's clear. It's so easy it's not worth the time or trouble to try to pull any fast ones or shortcuts. So I could care less if a car I buy has a title with it. Especially if it's 1960 and older.

Mercmad
08-04-2007, 02:25 AM
Finally,to sum up..it's a common point of law,If an article is said to have been removed with the owners express permission,it's can be said to be stolen.Further..no matter how many hands an item my pass through,how many persons believe that item was bought or received in good faith ...It is still a Stolen item and Still belongs to the person who lost it initially.
A good example? peices of art stolen by the Nazis from jewish families in the 1930's.Today,decendents of those who lost the art works have a perfectly legitimate claim to ownership.
The"owner" of that car does not need a title to claim ownership ,only proof that bought initially in a legitimate manner.

rustynewyorker
08-04-2007, 02:49 AM
Not sure what this has to do with anything; the car in question was never stolen, the owner just didn't get off his ass to go get it when he should have.

Mercmad
08-04-2007, 03:49 AM
Not sure what this has to do with anything; the car in question was never stolen, the owner just didn't get off his ass to go get it when he should have.

As I said,'reported as being stolen'..'.Removed without the express permisson of the owner.'.it doesn't matter if the car was just driven to a spot and the driver has just stepped into a shop, or the car was immobile and was sitting where the owner left it.
Go right back to basic points and you can see where our friend Revhead could very easily been accused of theft.He's lucky the 'owner' is being civilised about the whole thing and is prepared to aknowledge the explanation that revhead wasn't acting maliciously when he moved the car.
I can fully understand the owners point of veiw,He has delivered a project to a shop that for an known reason hasn't finished the job.he goes to collect his car and it's gone.He's going to be highly pissed off.
The titles,are they legitimate proof of ownership or just proof of registration of a vehicle? What happens if someone fronts with a noterised bill of sale?

tfeverfred
08-04-2007, 05:46 AM
Basic rule of thumb. Never buy a car without clear paper work. Period, It doesn't get any plainer than that. If there is a doubt as to true ownership, why put yourself through the crap? There are cases of people showing up to claim their car after years and the unsuspecting owner had sunk major dollars into it. Just don't do it.

As for Rev, his buddy was wrong for selling it. Money makes people all of a sudden blind to the law or too lazy to do a little research. I'd call a wrecker and have the car towed away as abandoned on his property. They'll pick it up and put it in storage, which is what should have happened in the first place.

lolife
08-04-2007, 06:21 AM
I might have missed it, but what kind of car are we talking about here? Is it a 76 Pinto or what?

For his "attitude" pull the VIN tag off before you give it back.:p

the75Stingray
08-04-2007, 07:31 AM
I don't chime in here often, but as I review this thread, I see "mechanics lein" and such, but I don't see the term "Salvage title". (They are very similar, I'm sure.)

Repo shops in Ohio frequently utilize the salvage title. They repo a car, no one wants to pay for it, or the storage or the tow and the bills keep piling up. After a week, the registered owner owes the repo shop MORE than the value of the car and so they apply for a salvage title directly from the BMV.

A letter of intent has to be mailed certified mail to the registered owner to advise them that they have so many days (I wanna say 30?) to pay the bill and retrieve their vehicle.

When they see a bill that they could not pay to begin with and then more tacked on, they do not respond. The paperwork goes through the BMW and you get a clear title for the expenses you have incured.

Now, how this would work in a case such as this, I don't know as you were probably not contracted to remove the vehilce from the property to begin with...or were you?...(Get my point?)

Did anyone involved contacted the local authorities yet?

Are we still awaiting an outcome to this situation? Did you get your $100 or simply trade for another vehicle? It's been a while.

Revhead
08-04-2007, 10:03 AM
It went back to the owner. It was a case of bad communication between the previous landlord and the new owners. I got all my money back and the $100 for the gas and trouble. It's ashame cause I have a feeling it is now sitting outside in the rain again rusting even more, but it was his and the landlord didn't make it clear that there was an owner. The landlord just said "oh that's still here, I'll get someone to remove it"

lowlife.. It was a '68 Camaro RS .. non-HAMB material that's why I didn't mention it.

old dirt tracker
08-04-2007, 11:27 PM
if the guy can produce the title in his name he can claim the car and you just got 100.00 worth of education.the only out you have is he should have to prove he is the owner with the title. how else would you know the truth. the same thing that a impound would require.

MEDDLER1
08-06-2007, 04:11 PM
Your Better Off Believe Me,a Freind Of Mine Was Almost Finished With A 59 Vette Restoration And Lost It Due To The Same Thing.he Lost Way More Than 100 Bucks And An Awesome Car!you Wonder Why People Go Nuts If You Would Have Seen This Car You Would Have Shit When You Found Out The Owner Showed Up And Took It When 99 Percent Of The Work Was Complete!!!!there Was Nothing He Could Do.you Are Better Off Man...................

Revhead
08-06-2007, 05:12 PM
Well I am starting to believe in CARma anyway hahah. Since the camaro incident I have picked up a $250 '53 ford victoria, a free '54 chevy panel truck and tonight I am going to look at a '40 Willys.. or at least that is what I am told it is.

parksquijada
09-16-2008, 11:08 PM
When i was 17 i got my first real car, a 58 plymouth belvedere. White/red, cheater slicks and glass packs. In 67 i was in the marines stationed in barstow ca. And had recently mashed the rt front fender on my car. Came out one day from work and there was a kinda ratty brown 58 next to mine. For months it sat and eventually the tires were flat.thinking it was abandoned i finally put the rt front fender on my car and put my fender on the brown one. About a week later i came out and there was a marine sitting on my brown fender. You guessed it, it was his car and he had been in the brig for two months. Having done brig time myself we talked for about an hour as we became friends while we swapped the fenders back on the two cars, we remained friends while stationed there.

DE SOTO
09-16-2008, 11:28 PM
Rule number one is NEVER buy a car with out a title.

WOW !

If i lived by this rule i wouldnt own either my "A" my "T" my '61 Dodge or a handfull of other cars i have owned & driven.

Ya just gotta do your homework, I once brought home an "Abanodon" '55 Ford from a repair shop.

I ran the plate # and found it was still on the record, Got the guys name, Looked it up in the phone book & called him.

Seems he still wanted the car & asked if i would Deliver it to him for FREE !

I told him he had 2 days to pick it up before i called the Highway Patrol tow it off.. Flatbed showed the next day.

gallagher
09-17-2008, 01:23 AM
my first rule if theres no title is to run the vin. i use a dmv service thats really good with old cars. 10 bucks is worth it to see where the car stands if i can get it registered

rustynewyorker
09-17-2008, 02:25 AM
This thread is from May 2007, if anyone cares.

LongFord
09-17-2008, 02:45 AM
you should go to your secretary of state or DMV and ask them what the laws are in regaurds to this situation. or better yet a lawyer that is familiar with those types of laws. don't bother asking a cop. in my experience cops know very little about the actual details of most laws other than the ones they may enforce on a adaily basis. such as traffic laws and what not. it is a lawyers job to know the details (or "letter") of the law.
i see where your going.....i hate cops too buddy...

Omega
09-17-2008, 03:22 AM
fuck i need to pay attention to the dates..here i am getting into the post..and shit 2007!

Old wolf
09-17-2008, 08:27 AM
We buy cars without titles ouite often. I always get a bill of sale from who ever is selling it to me. You see them on Ebay under salvage parts cars everyday does that make you a car thief if you buy one of them?Also you cannott place a mechanics lein on a car Unless you have a sighned work order from the owner or his agent authorizing you to do repairs. Goes all the way back to the Magna Carta (a man cannott be compeled to pay for goods or services that he did not order.Oldwolf

BrokeDick
09-17-2008, 09:00 AM
How about this, back in the early 70's my 67 RS/SS Camaro was stolen right off the street in front of my apartment, I filed a police report and never heard anything again. Now lets just say years and years later if by some chance I come across the Camaro with the vin still on it and I still have my CA pink slip (in my desk) can I demand my car back because I am the owner with a police report ?

Ratmotor
09-17-2008, 09:03 AM
If you had insurance and they paid off the claim the car now belongs to them.....or it is fraud.

HOTRODPRIMER
09-17-2008, 09:03 AM
If you were paid by the insurance company that you had it insured with,,,NO,,the car would belong to them. HRP

BrokeDick
09-17-2008, 09:20 AM
I had on theft insurance on the car, I was young and money was tight at the time.

Larry T
09-17-2008, 09:44 AM
I had on theft insurance on the car, I was young and money was tight at the time.

If you didn't collect any insurance, then the car is still yours if it's ever found. It happened here once. An old Packard "field car" was stolen from a farmers shelter belt. About 10 years later it was recovered and returned fully restored. Seems it ended up in the midwest and someone restored it. The SECOND time it was sold after that, the VIN showed up as stolen and the car was returned to the original owners family (he had died).
Larry T

54BOMB
09-17-2008, 10:02 AM
Man that would suck, l can just see the guy waxing the brand new paint and the police impound truck towing it right out from under him.

Johnny1290
09-17-2008, 10:02 AM
Unless you have a sighned work order from the owner or his agent authorizing you to do repairs. Goes all the way back to the Magna Carta (a man cannott be compeled to pay for goods or services that he did not order.Oldwolf

Props to oldwolf for bringing history to life! I can't remember the last time I heard someone mention the Magna Carta...it definitely is Old School!! :D:eek::D

hotrod1940
09-17-2008, 10:16 AM
I don't think you will be able to charge a lien on "stolen" property. If you have a buddy with a shop take it to him and order work done and then the rightful owner cannot take the car without paying the bill. The buddy with the shop can then put a lien on it.

It would make whoever is claiming it, prove ownership.

28 chevy
09-17-2008, 10:59 AM
Hmmmm. What would Judge Judy do.