Impounded Car Registration

[mooreted]

What is the name of your state? California

In 2005 I gave my daughter a car. She did not register it. About a month after I gave her the car it got impounded by the police department. Now the DMV is trying to get me for registration of the impounded car. When I talk to them they just send me a release of liability form. How can I get them to understand that the car was not sold it was impounded. I don't have the car, I don't drive the car, I don't want the car and I don't feel I should pay registration fees for a car sitting in an impound lot.

[The Occultist]

Whose name is on the title?

[mooreted]

My name is on the title, but the car was impounded while all the DMV fees were still current. I don't think I should have to pay registration fees for a car sitting in a junk yard somewhere.

[CourtClerk]

You still own the car, you still owe the registration.

[CdwJava]

Are you saying the car has been impound for almost two years? The tow company shoul dhave sent the car to a lien sale two months after the impound ... how very odd that the DMV is on you for the fees.

The release of liability paperwork is something you need to have your daughter fill out as it may help release you from any financial obligation on the car. If not, then you may well be stuck with any and all fees releated to the impound and storage.

What does your daughter have to say about all of this?

- Carl

[Zigner]

Carl - you are a little misleading in your post. The release of liability is filled out by the SELLER (transferor) - it's supposed to be done within 10(?) days of the transfer of the vehicle (could be 5 days, but I don't feel like checking right now). In any case, it's not the buyer/transferee who fills it out.

OP - you and your daughter did not follow the proper procedure for transferring the vehicle to your daughter. If the vehicle was NOT sold at a lien sale (for some reason), then your daughter is the one responsible for the DMV fees. You can't just abandon a vehicle on the street when you don't want it. You have to do it by the book, so to speak.

[CdwJava]

Originally Posted by Zigner

Carl - you are a little misleading in your post. The release of liability is filled out by the SELLER (transferor) - it's supposed to be done within 10(?) days of the transfer of the vehicle (could be 5 days, but I don't feel like checking right now). In any case, it's not the buyer/transferee who fills it out.

It's five days. However, chances are that it will do her no legal good at this point anyway.

[url]http://www.dmv.ca.gov/forms/reg/reg138.htm[/url]

- Carl

[mooreted]

Originally Posted by CdwJava

Are you saying the car has been impound for almost two years? The tow company shoul dhave sent the car to a lien sale two months after the impound ... how very odd that the DMV is on you for the fees.

The release of liability paperwork is something you need to have your daughter fill out as it may help release you from any financial obligation on the car. If not, then you may well be stuck with any and all fees releated to the impound and storage.

What does your daughter have to say about all of this?

- Carl

She is young and has no money. Of course she appologizes but I'm not expecting much help from that venue.

Yeah, I don't know why after 2 years they are asking for DMV fees. And as to the impound fees, I'm pretty sure that if you don't pick up the car they sell it so they get paid either way.

The release of liability won't do any good because there is no buyer, no seller. The release only works when the buyer listed on the release registers the vehicle.

It is with the tax franchise board now for collections. I will call them. Maybe they will be a little more professional. I am not impressed with the DMV one bit.

AFTER a car sits in impound for awhile, you will get a letter notifying you that the car is going to be auctioned off ...you dont need to respond to this notice, just let it happen if you dont want the car. With regard to the DMV notice, just ignore it, often times when you sell a car that has time left on the registration, the new owner doesnt change the registration over to their name until the registration expires, you hold no liability just so long as you mailed DMV your release of liability located on your title. You are merely receiving DMV computer generated form letters. As soon as someone buys your car from the impound yard, they will be required to register it in their name before removing it from the impound yard...then you will be off the hook, itll just take a little while.

[CdwJava]

Originally Posted by pacarox

AFTER a car sits in impound for awhile, you will get a letter notifying you that the car is going to be auctioned off ...you dont need to respond to this notice, just let it happen if you dont want the car. With regard to the DMV notice, just ignore it, often times when you sell a car that has time left on the registration, the new owner doesnt change the registration over to their name until the registration expires, you hold no liability just so long as you mailed DMV your release of liability located on your title. You are merely receiving DMV computer generated form letters. As soon as someone buys your car from the impound yard, they will be required to register it in their name before removing it from the impound yard...then you will be off the hook, itll just take a little while.

However, the OP apparently never sent a release of liability or other paperwork to the DMV. While I am not sure what has now prompted the activity by the DMV, the OP may not be best served by a suggestion to ignore the whole thing.

IF the car was sold by the impound lot, they do have a right to go after the R/O for the balance between their costs (the tow and impound) and the amount that was received at auction. However, it's usually pointless to pursue these claims. I can only think the DMV is involved because someone might actually have purchased the car or may be trying to "salvage" it, and the paperwork is incomplete and still lists the O/P as owner, and that must be addressed before the new buyer can do anything.

- Carl

[mooreted]

Well, thanks everyone. I will just have to call them and find out what I'm supposed to do. I appreciate the help.