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Illegal Vehicle Lien Sale in Sacramanto, CA

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toyota40runner

Junior Member
What is the name of your state (only U.S. law)? California

Here is a copy and paste from my complaint filed with the CA BAR so i dont have to type out the story for the millionth time. I have retained an attorney to write demand letters but if i do not get a response out of the guy i 100% want to take him court. Any suggestions of who i should hire for representation for the case would be greatly appreciated. I have found out since i filed this complaint that the business has shut down. Any help would be awesome, I'm absolutely heartbroken.

I am filing a complaint regarding my classic truck 1989 toyota pickup. I dropped my truck off at CR in august 2012, was told it would take a day to fix. That led to a bunch of lapse time, told them i leave to work for winter and that if it wasn't ready it would have to stay there. The summer of 2013 I tried on multiple occasions to get the truck out of the shop but he said he couldn't quite get it "right" and needed more time. Summer of 2014, told me his shop and been burglarized and that the computer he had programmed for my truck had been stolen and that he would have to reorder everything and redo the work. Spring of 2015, i told him i was coming to town and he said the truck was ready. When i told him i was going to tome pick it up he told he couldn't get it idling right and wanted more time. I repeatedly stayed in touch with him, he told it would need another custom part to get everything right and would get a price. 3weeks later in july 2015 i emailed him to what was going on and hadn't heard back. another 3 weeks later i emailed him again and he claimed that he had tried calling me 2 months earlier to give me a price and didn't hear back from me so he assumed i had left the state and that he would have to sit on it again for a while. I told him that i was leaving in a week and wanted it back, he said he would need more than a week. Now today I emailed to to get an early start for this spring and he told me that he had filed a lien on my truck and sold it. the truck is worth approximately $42,000 but would cost over $80k to replace as built. I will be calling the Rancho Cordova Police dept immediately when they open tomorrow. I was never notified that he was going to put a lien nor was i even given an invoice. According to him he processed the lien legally however I am assuming he sent a notice to a long time expired address. I have mailed him my registration every year that shows my current address yet i know for sure he did not attempt to send notice to that address. I have the entire email history to prove everything. Any help would be great, this is a project truck that has been in my family for a very long time, losing it will be losing a lot of memories, especially sad like this. any help would be greatly appreciated.

thanks
 
Last edited by a moderator:


quincy

Senior Member
We do not provide attorney recommendations on this site, toyota40runner, but you can check the California Bar Association for attorneys in your area. Here is a link: http://www.calbar.ca.gov/

Good luck.
 
Last edited by a moderator:

quincy

Senior Member

latigo

Senior Member
What is the name of your state (only U.S. law)? California

Here is a copy and paste from my complaint filed with the CA BAR so i dont have to type out the story for the millionth time. I have retained an attorney to write demand letters but if i do not get a response out of the guy i 100% want to take him court. Any suggestions of who i should hire for representation for the case would be greatly appreciated. I have found out since i filed this complaint that the business has shut down. Any help would be awesome, I'm absolutely heartbroken.

I am filing a complaint regarding my classic truck 1989 toyota pickup. I dropped my truck off at CR in august 2012, was told it would take a day to fix. That led to a bunch of lapse time, told them i leave to work for winter and that if it wasn't ready it would have to stay there. The summer of 2013 I tried on multiple occasions to get the truck out of the shop but he said he couldn't quite get it "right" and needed more time. Summer of 2014, told me his shop and been burglarized and that the computer he had programmed for my truck had been stolen and that he would have to reorder everything and redo the work. Spring of 2015, i told him i was coming to town and he said the truck was ready. When i told him i was going to tome pick it up he told he couldn't get it idling right and wanted more time. I repeatedly stayed in touch with him, he told it would need another custom part to get everything right and would get a price. 3weeks later in july 2015 i emailed him to what was going on and hadn't heard back. another 3 weeks later i emailed him again and he claimed that he had tried calling me 2 months earlier to give me a price and didn't hear back from me so he assumed i had left the state and that he would have to sit on it again for a while. I told him that i was leaving in a week and wanted it back, he said he would need more than a week. Now today I emailed to to get an early start for this spring and he told me that he had filed a lien on my truck and sold it. the truck is worth approximately $42,000 but would cost over $80k to replace as built. I will be calling the Rancho Cordova Police dept immediately when they open tomorrow. I was never notified that he was going to put a lien nor was i even given an invoice. According to him he processed the lien legally however I am assuming he sent a notice to a long time expired address. I have mailed him my registration every year that shows my current address yet i know for sure he did not attempt to send notice to that address. I have the entire email history to prove everything. Any help would be great, this is a project truck that has been in my family for a very long time, losing it will be losing a lot of memories, especially sad like this. any help would be greatly appreciated.

thanks
I'll make you a small bet that if you check with DMV you'd find that that vehicle is still registered/titled in the same name as when you dropped it off. Otherwise, he would have had to forge and counterfeit more documents than Frank ("Catch-Me-If-You Can") Abagnale!

And you would lose any bet that California DMV has in its file any application from the s.o.b. for authorization to sell the vehicle in accordance with California Civil Code Section 3071. Otherwise, you would have received from DMV by certified mail a copy of such an application, a form for Declaration of Objections and how to file it. And then only could he legally sell it but by a court order.

And all of this deficiency on top of the fact that he never presented you with "a written statement of work completed". (Ca CC 3068(a)
_________________

So what can you do about it?

First I'd pull every string you can reach to induce the proper authorities to prosecute him for embezzlement, grand theft auto, forgery, perjury. etc., as an investigation might reveal.

Secondly I'd be checking with DMV to see if it has ever been re-registered/titled. If not, start looking for it as he just may still have it.

If by some odd chance DMV shows that it has been re-titled, I'd be suing the person named on the current title for replevin. (A thief cannot pass title to stolen goods.)

The only advantage of getting a money judgment against him (he is likely judgment proof) is that he couldn't rinse it in bankruptcy.

Good luck and please keep us informed.
 

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