Unusual situation with a car we sold...

[abarnum619]

Hello, My husband and I live in Roseville, CA, and we have an interesting situation that we could use some advice on. We sold a 91 Honda Civic about 1 1/2 years ago. We filed the release of liability with the DMV, and never heard anything about the vehicle again. About three weeks ago, my husband received a notice to appear in court for a misdemeanor charge of providing false registration in Nevada County. When we called the DA's office, they were not much help, even when we explained that my husband had never been to Nevada county, and this was some kind of mistaken identity. The only information that they gave us was which Police Department made the case. We spoke with the officer there, and found out that the person we sold the car to apparently never registered the car in his name or applied for the new title (we couldn't fin the original when we sold it). Also, this person has apparently been created fake registration stickers and putting them on this car. Anyways, that is the back story... Today, we reported for court, and the charge on my husband was dropped since we provided the release of liability. At this point, we are concerned about this being an ongoing issue. We don't want to have something like this come up every year or two where we have to report to court because the car is still technically in our name. We would like to see if there is a way we can regain possession of the vehicle, since it legally is still our car. Also, it may be helpful to know that we have since found the original title. We found it the last time we moved. Does it seem plausible that we could regain possession of the car? If so, what steps do we need to take to do so? Thanks for your time, Amber

[Zigner]

Question: We would like to see if there is a way we can regain possession of the vehicle, since it legally is still our car.

Answer: It is NOT your car - you sold it. What you are proposing is theft.

Originally Posted by abarnum619

Hello, My husband and I live in Roseville, CA, and we have an interesting situation that we could use some advice on. We sold a 91 Honda Civic about 1 1/2 years ago. We filed the release of liability with the DMV, and never heard anything about the vehicle again. About three weeks ago, my husband received a notice to appear in court for a misdemeanor charge of providing false registration in Nevada County. When we called the DA's office, they were not much help, even when we explained that my husband had never been to Nevada county, and this was some kind of mistaken identity. The only information that they gave us was which Police Department made the case. We spoke with the officer there, and found out that the person we sold the car to apparently never registered the car in his name or applied for the new title (we couldn't fin the original when we sold it). Also, this person has apparently been created fake registration stickers and putting them on this car. Anyways, that is the back story... Today, we reported for court, and the charge on my husband was dropped since we provided the release of liability. At this point, we are concerned about this being an ongoing issue. We don't want to have something like this come up every year or two where we have to report to court because the car is still technically in our name. We would like to see if there is a way we can regain possession of the vehicle, since it legally is still our car. Also, it may be helpful to know that we have since found the original title. We found it the last time we moved. Does it seem plausible that we could regain possession of the car? If so, what steps do we need to take to do so? Thanks for your time, Amber

[abarnum619]

I'm not suggesting we just go take the car back, I'm saying that since the buyer never finished the paperwork, and we have the title, we are still technically the owners. The Police Department eve agreed to that much. I am also not saying we necessarily *want * to get the car back. We need to either A: Have the vehicle completely unattached from our names so that this doesn't come up again, or B: Regain possession of the vehicle so that it doesn't happen again. We don't have the time or the money available to continue to take time off work to go to court for something that has nothing to do with us.

[Zigner]

Originally Posted by abarnum619

I'm not suggesting we just go take the car back, I'm saying that since the buyer never finished the paperwork, and we have the title, we are still technically the owners.

And what you are being told is that you are NOT the owners. You SOLD the vehicle. You cannot take the vehicle without it being theft.

Please re-read the above statement several times until it sinks in.

[abarnum619]

Thanks, but really, there is no reason to be a jerk about it. I am just repeating what I was told by the police. You know, there is a way to give advice without being obnoxious and rude.

[Zigner]

Originally Posted by abarnum619

Thanks, but really, there is no reason to be a jerk about it. I am just repeating what I was told by the police. You know, there is a way to give advice without being obnoxious and rude.

Yes - I understand that. That is why I was avoiding being obnoxious and rude to you

[LSCAP]

I’d like to bump this up to someone who knows CA laws

Can she fill out the title with the buyer’s name, and date of sale, and send it in to the DMV?
I ask because in my state -a property tax for cars too, state- they want the property tax on it and want to know if it was bought by someone in this state. For taxes.

And that would help, by showing that it was sold, if anyone else chases them for problems with the car.

[Zigner]

Originally Posted by LSCAP

I’d like to bump this up to someone who knows CA laws

Can she fill out the title with the buyer’s name, and date of sale, and send it in to the DMV?
I ask because in my state -a property tax for cars too, state- they want the property tax on it and want to know if it was bought by someone in this state. For taxes.

And that would help, by showing that it was sold, if anyone else chases them for problems with the car.

She can't...well, she can, but it won't mean anything. The buyer would need to fill out and sign the form, as well as pay the required fees.

And, for the record, it's not property taxes they're looking for, it's sales/use tax, as well as the registration fees.

[Zigner]

After re-reading the OP - why did you ignore the notices that were mailed to you about registering and insuring the vehicle?