What is the name of your state? CA
A couple of months ago, I sold my car. I sent in the release of liability right away, but the new owner a) didn't register the car, and b) didn't have a driver's license. He got stopped some two weeks after the sale for no headlights at 2:00am, was found to have no license, no registration, and no insurance, and the car was impounded.
The car has some sentimental value for me, and I was having seller's regret anyway, so when I got the Notice of Pending Lien Sale for Vehicle Valued $4000 or Less, I thought -- Great! I can go see the car at the lien sale, and decide if I really want it back or not. Needless to say, the towing and storage fees far exceed the value of the vehicle.
Well, I went to the towing company's place of business, where the lien sale was supposed to take place, an hour before the time noted on the notice. The place was completely closed up, and I didn't see the car in the yard (they keep the cars inside, according to a body shop across the street). After waiting some 10-15 minutes, I called the towing company, and the woman on the phone says there s no sale, the notice is only sent to the owner as a courtesy so they have a chance to get the car back, and that just because the notice was sent doesn't mean there's actually going to be a sale.
What's up with that? The form very clearly says the date, hour, and location of the sale, and that the vehicle will be available for inspection at least one hour prior to the sale.
The CA Code Section 3072 says they can't accept sealed bids, says they have to post the notice of pending lien sale at the lienholder's place of business as well as mailing it (they didn't), and that if the sale is held elsewhere, it has to be posted there, too. It also says that the lien sale is void if they don't follow all of the rules.
So this would seem to imply that they now *can't* sell the vehicle. But can they still sell the parts? I don't know if the towing company is also a dismantler.
The DMV web site says "NOTE: A salvage pool cannot conduct a lien sale to obtain title to a vehicle." I'm not sure what a salvage pool is, or whether this in any way applies to this case. Also, "A lien sale is a public auction. Anyone may appear and bid. Sealed bids are not allowed."
How can I find out what happened to the car, or compel them to hold the public sale like they are supposed to?
Thanks,
Rebeccah
P.S. I just found another item on the DMV Web site that says, "If No One Places a Qualifying Bid" they are supposed to fill out a form listing themselves as both the seller and the buyer. Is this what they are getting at, that if no one wants to bid at least as much as they are owed (and that would certainly be a reasonable assumption, the car is worth a few hundred and the towing storage fees are well over a thousand by now), that they don't have to sell it at auction, but can just take it and then do whatever they want?What is the name of your state?
A couple of months ago, I sold my car. I sent in the release of liability right away, but the new owner a) didn't register the car, and b) didn't have a driver's license. He got stopped some two weeks after the sale for no headlights at 2:00am, was found to have no license, no registration, and no insurance, and the car was impounded.
The car has some sentimental value for me, and I was having seller's regret anyway, so when I got the Notice of Pending Lien Sale for Vehicle Valued $4000 or Less, I thought -- Great! I can go see the car at the lien sale, and decide if I really want it back or not. Needless to say, the towing and storage fees far exceed the value of the vehicle.
Well, I went to the towing company's place of business, where the lien sale was supposed to take place, an hour before the time noted on the notice. The place was completely closed up, and I didn't see the car in the yard (they keep the cars inside, according to a body shop across the street). After waiting some 10-15 minutes, I called the towing company, and the woman on the phone says there s no sale, the notice is only sent to the owner as a courtesy so they have a chance to get the car back, and that just because the notice was sent doesn't mean there's actually going to be a sale.
What's up with that? The form very clearly says the date, hour, and location of the sale, and that the vehicle will be available for inspection at least one hour prior to the sale.
The CA Code Section 3072 says they can't accept sealed bids, says they have to post the notice of pending lien sale at the lienholder's place of business as well as mailing it (they didn't), and that if the sale is held elsewhere, it has to be posted there, too. It also says that the lien sale is void if they don't follow all of the rules.
So this would seem to imply that they now *can't* sell the vehicle. But can they still sell the parts? I don't know if the towing company is also a dismantler.
The DMV web site says "NOTE: A salvage pool cannot conduct a lien sale to obtain title to a vehicle." I'm not sure what a salvage pool is, or whether this in any way applies to this case. Also, "A lien sale is a public auction. Anyone may appear and bid. Sealed bids are not allowed."
How can I find out what happened to the car, or compel them to hold the public sale like they are supposed to?
Thanks,
Rebeccah
P.S. I just found another item on the DMV Web site that says, "If No One Places a Qualifying Bid" they are supposed to fill out a form listing themselves as both the seller and the buyer. Is this what they are getting at, that if no one wants to bid at least as much as they are owed (and that would certainly be a reasonable assumption, the car is worth a few hundred and the towing storage fees are well over a thousand by now), that they don't have to sell it at auction, but can just take it and then do whatever they want?What is the name of your state?