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Who's Liable?

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sll0037

Junior Member
What is the name of your state? Texas

I bought a car in July 2004 for which the previous owner is now claiming she has received tolltag citations in her name that occurred after the transfer of ownership. The Tolltag Authority mailed her the citations because the vehicle registration/title had not been transferred yet at the time of the violations. In fact this did not happen until October 2004. The time it took to actually change the title over was because I actually had to wait for the previous owner to send me the title after I had already took possession of the car, so this took some time. After receiving the title, it also took me some time to actually make it to the court house.

The previous owner has received multiple citations requesting she call the Tolltag authority with her response, but she failed to act on these notices. As a result, the tolltag authority forwarded these citations to the district attorney for prosecution under the court system. The previous owner also failed to act on the notices for her to contact and appear in court, so these citations have now reached warrant status.

The previous owner finally chose to contact me concerning this matter, asking me to pay the fines and fees for the tolltag violations and court costs.

My question is: Am I liable for the entire amount of tolltag fines and court fines and fees? Am I liable for only the tolltag fees? Are we both liable and if so, to what extent?


Although I do believe I may have some fault in this situation, I don't believe that ultimately makes me liable for everything. If the previous owner had contacted myself or the tolltag authority and notified them of the ownership change, the matter would have been easily resolved. The tolltag authority would have then asked merely for the amount of the actual tolls and waived any added fines. This would have totaled about $20-$40.

But because no action was ever taken on the notices of the violations, they have now entered the court system and a different manner of resolution. Now the tollwag will only accept payment of the fines, which totals $200. In addition to that amount, the court is also demanding $500 in fees if this route of resolution is taken. So now the total amount is $700 instead of about $40 max.

The previous owner is threatening to sue me in civil court for the entire amount if I don't pay it all now, but this simply does not seem fair to me. Her failure to act or inform anyone on the circumstances surrounding this issue is what resulted in the substantial increase in fines and fees. So in essence, I am being punished for her inaction on legal matters that had solely her name on it.

I should add that I have acted in good faith the entire time. I had a tolltag account at the time of the violations, but my tag was working improperly. I found this out because I also received some citations for the same reason but after the title had been transferred to my name. I handled this matter quickly and the tolltag authority cleared everything up and simply charged me the unpaid tolls which was about $20. Obviously I had no clue that violations had also occurred prior to the title registration change.

Anyhow, if anyone could offer some legal advice concerning this situation and how I should handle it I would greatly appreciate it.
 


JETX

Senior Member
sll0037 said:
Am I liable for the entire amount of tolltag fines and court fines and fees?
You are liable for a MINIMUM of the tolltag fees and the fines incurred as a result of the violation(s).

If you were noticed of these fees/fines in a timely manner and failed to resolve them... then you would also be liable for the results of that failure (the fines and fees).

The tolltag authority would have then asked merely for the amount of the actual tolls and waived any added fines. This would have totaled about $20-$40.
Not true. You (the driver and owner) would be liable for the tolls... PLUS any penalty for your violating the tolls.

But because no action was ever taken on the notices of the violations, they have now entered the court system and a different manner of resolution. Now the tollwag will only accept payment of the fines, which totals $200.
Again, if the $200 is a result of the tolls AND the fines for the violations, you are liable for that.

In addition to that amount, the court is also demanding $500 in fees if this route of resolution is taken. So now the total amount is $700 instead of about $40 max.
Lets cut the chase here.....
You are responsible for YOUR violations of the tolls, plus the costs incurred as a result of those violations. The previous owner is liable for the costs incurred subsequent to those costs (warrants, etc.) for HER failure to handle HER problems.

The previous owner is threatening to sue me in civil court for the entire amount if I don't pay it all now, but this simply does not seem fair to me.
So, let her sue you. Then you present your 'fair' to the court. The court will decide who and how much.
 

sll0037

Junior Member
JETX said:
You are liable for a MINIMUM of the tolltag fees and the fines incurred as a result of the violation(s).

If you were noticed of these fees/fines in a timely manner and failed to resolve them... then you would also be liable for the results of that failure (the fines and fees).


Not true. You (the driver and owner) would be liable for the tolls... PLUS any penalty for your violating the tolls.


Again, if the $200 is a result of the tolls AND the fines for the violations, you are liable for that.


Lets cut the chase here.....
You are responsible for YOUR violations of the tolls, plus the costs incurred as a result of those violations. The previous owner is liable for the costs incurred subsequent to those costs (warrants, etc.) for HER failure to handle HER problems.


So, let her sue you. Then you present your 'fair' to the court. The court will decide who and how much.

This is more or less the conclusion came to as well. Even though I could have resolved this for $20-$40 total had I been notified immediately, I knew ultimately I could be found liable for the $200 total of the tolls and fines the tolltag authority will not waive now.

What I really question is whether a court would hold me liable for the court costs and fees as well, which is an additional $500.

In fact, I offered to pay for the $200 owed to the tolltag authority, but she refused to accept that offer. I figured it was a fair and quick route to resolve this and have both parties acknowledge and handle their own mistakes, but she then threatened to sue if I did not pay the total $700-$800.

Her argument is that if I had changed the title over sooner, this could have been avoided. I understand her position, but I don't believe that gives her the right to ignore her legal responsibility to respond to legal notices for court or violations that are in her name.

Would it be a good idea to cut her a check for the $200 now? A couple of people told me to simply sit and wait because currently I am under no legal responsibility to act.

Please feel free to chime in with any additonal opinions or comments.
 

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