Help, DMV, bond etc.

What is the name of your state? California

I bought a dirt bike for my son over 20 months ago. When I went to register it, they said I could not because there was no proof the lien was paid off. The bike is a 1995. I contacted the lady on the registration and she said "I sold it to someone before you." I replied to her and said, no you did not, and even if you did, you are the responsible party. Her name and lenders name on registration, dmv has no proof of release of liability either. The financial institution has been bought out, and I have contacted this lady numerous times through certified mail. Some she accepted, some she did not. Bottom line is she will not help with the notarized lien release needed from the bank. I now have to get the bike bonded, which is going to cost me over $100. I am a single mom and the bike is only worth $500. My QUESTION is if I send her a final threat and she doesn't respond, can I take her to small claims court for the bond recover fee as well as the $35 in certified mail fees, etc. The bike is registered in my name, but they will not title it, or renew it without the lien release, or the bond that is costly. Any suggestions before I mail her again? I think I have a case, but I have to ask.

"bump"

"bump" please help

Contact a local attorney in your area and sue the idiot.

I dont' have the money for an attorney...That is why I was wanting to go to small claims court..and trying to figure out if it would be worth my time and recover my fees, and wasn't sure if I can sue in small claims for "inconvenience" or not? ALSO, is it ok to send her a FINAL letter saying help with the title or I am suing you, without getting harrasment charges for continuing to try to contact her.

Hi, I used to work for the California DMV, and you should be able to go into your local office or call the 800 # and they have a list of financial institutions, and who has merged and their new company name and new contact information. If they are unable to locate your lienholder on that list, they have the contact information for some entity who I cannot recall for the life of me, but with that contact info, they can get you who the correct lienholder now is, or can provide you with documentation showing that the lienholder business no longer exists, and that would satisfy the requirement. Now it has been about 4 years since I've worked there, and things change daily, so they may have a different policy now, but the DMV should be able to point you in the right direction at the very least. It would be ridiculous to pay the bond price for a bike that cheap if you can avoid it....Out of curiosity, what county are you in, and what is the name of the lienholder on the title? Have you checked the internet for updated contact info for the lienholder? If you tell me who the lienholder is, I will see if I can find anything.

The leinholder is not in business any longer. Citifinancial has bought them out, I already went through DMV investigations...they said NOW that citifinancial will NOT give me infor without the SS# or acct # of the selling party. Which this woman will not respond, or help in anyway...so the now my ONLY option is to get it bonded and the DMV will register it because this woman will not help..she first replied...over a year ago, "she didn't sell me the bike, she sold it to someone else.." well duh! she is the one repsonsible regardless...so then I replied to her by mail again..and ever since then she "signed" a certified mail, but never responded, then lately, she just "refuses" them..so I need some advice to make her pay for being a pain in the $ss..I can't believe some people can be so nasty..she said when I bought it, the title was "lost" ...well, she never notified the DMV, so who knows if she ever had it in the first place.
I dont' know if lienholders automatically send info to the DMV or not...but I am so frustrated and tired of it, that I am not sure if small claims court would work, or if their is some glitch that would make me lose.

usually when someone pays off their auto loan, the title is mailed to them. On the title, the lienholder will still be listed, and the owner has to take the title into DMV with $20 +/- to have the lienholder removed. I just called Citifinancial and spoke to a lady named Tasha and gave her the scenario.....she says that they would need either her social or loan number, BUT if the original owner does not want to give it to you, the original owner can call Citifinancial, and give them her information, and tell them it is ok to release the lien to you, then you would contact them and just give them the vin number. Hopefully she will feel safe in doing that. If that doesn't work, I would try going into the DMV about 3 min before closing, look for the most rushed looking person there, give them your whole story, and maybe, just maybe they will give you the social or offer to fill out the lien release form and send it in on your behalf. I hope this helps!

I just spoke to someone else at the DMV the other day, she so wanted to help me and she couldn't. I also called citifinancial and they told me the same thing. The lady who needs to help me won't. I have tried 6 certified mails, and others...nothing! So now can I send her a final notice/threat of small claims to recover bond money?

In my opinion, she's had more than enough notice, and plenty of opportunity to help. It may be a waste of time, since she is not accepting those letters (keep those to prove you attempted to make contact). I would go down to the courthouse if I were you and just file the small claim action. Maybe when she is served with legal paperwork she will get her head out of her butt! If the DMV will release it, make sure to get a printout of the transfer history, it will show no release of liability on file, so she cannot say she released her liability, therefore it is not her problem. I am not familiar with small claims court at all, but if she does settle out of court with you, make sure she pays you the filing fee as well, and include the cost of the certified mailings in your total cost. Best of luck to you.

When I initially called the DMV, she never did do a release of liablity...so I guess I will send one last notice to her, and get the history. I did do a history search for ownership and she was the only one..now if I can find it that would be great..it's been since 1/03.

novembersea said:

The bike is registered in my name, but they will not title it, or renew it without the lien release, or the bond that is costly. Any suggestions before I mail her again?

Click to expand...

Clearly, something is wrong here. First, the title should never have been issued to you without the lien being released. Are you sure that you have a negotiable title??

Second, how much is the lien amount if you know???

Third, if the lien amount is minimal, pay it and then sue the seller for the damages (the amount you paid in their behalf).

Finally, to answer your questions:

I think I have a case, but I have to ask.

Click to expand...

I doubt you have a case for the costs of certified mail. Based on the information in your post, I do not think they are recoverable. However, you might have a case for the bonding fee if you present it to the court that you had to do it that way due SOLELY to her conduct and failure to present a marketable and usable title.

No I don't have the title,I have temp. registration, and have no clue how much the lein is, or if it is even paid for. The seller won't reply to me. I just mailed her a letter stating, help with the title and/or lein release or I am bonding the vehicle per the DMV and suing you in small claims. I told her it is in her hands now, or be sued. I will give her 45 days.