I want to get rid of this car.

[nvj]

What is the name of your state? California

I have a non-running 1989 Toyota Camry that has been sitting in my backyard for the past two years. My son is the registered owner and he ceased payments even before it became non-operational. Unfortunately he has no intention of upholding his obligations and paying the remainder of his debt. Meanwhile the finance company remains the legal owner and won’t release their lien, nor will they repossess the car due to its lack of value. I spoke with a towing company to see if they would be willing to take it, impound it, and auction it and the answer was no. A salvage yard won’t accept the vehicle without a lien release. I won’t be a scofflaw and push it out on the street to be towed away at public expense. Do I have any other alternative to be rid of the car? I seem to have no legal standing in this matter since the finance company won't speak with me. Can I bring a small claims suit to grant a lien release so I can transfer the car to a salvage yard? Thank you for any advice you may be able to provide.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I have a non-running 1989 Toyota Camry that has been sitting in my backyard for the past two years. My son is the registered owner and he ceased payments even before it became non-operational. Unfortunately he has no intention of upholding his obligations and paying the remainder of his debt. Meanwhile the finance company remains the legal owner and won’t release their lien, nor will they repossess the car due to its lack of value. I spoke with a towing company to see if they would be willing to take it, impound it, and auction it and the answer was no. A salvage yard won’t accept the vehicle without a lien release. I won’t be a scofflaw and push it out on the street to be towed away at public expense. Do I have any other alternative to be rid of the car? I seem to have no legal standing in this matter since the finance company won't speak with me. Can I bring a small claims suit to grant a lien release so I can transfer the car to a salvage yard? Thank you for any advice you may be able to provide.

My response:

Nice son you've got.

Have the vehicle towed to where your son lives, and let him deal with the problem. Or, you can send your son an abandoned property letter, pursuant to Statute. If, after 30 days, he fails to remove his property, then you can get rid of the car in any manner you choose - - up to and including leaving it on the street to be towed away at public expense. Believe me, sooner or later we taxpayers will get our money back from him. You know how? When he gets billed from the county, and fails to pay for the towing and storage costs, his license will be suspended until payment is made. That's how.

IAAL

 

[racer72]

Or do like I did, pay to have the car towed to the legal owner. The loan was through a national bank and my daughter left the car in front of my house. And as in your case, the car did not have enough value to be repossessed. I had the tow truck drop the car at the local branch of the bank and gave the manager a letter stating that as the legal owner of the vehicle, I was returning it to them without charge. It cost me only $65 and watching the bank manager argue with the tow truck driver was worth the expense.

 

[nvj]

IAAL and racer72: thanks for your input.

 

[JETX]

One warning on considering what Racer did. The bank could charge you for the expenses they incur as a result of that action.....

 

[racer72]

The bank tried but the prosecutor would not accept the bank's claim that I was abandoning a car on their property. The prosecutor told me the car belongs to the bank so it is their responsibility to deal with it.

 

[JETX]

Racer, I said that the bank "could charge you for the expenses they incur as a result of that action".

This would be a monetary charge (as noted) and not a criminal charge.

The problem here is that the loan agreement gives the lender the right to recover their expenses incurred in recovering and selling the collateral (vehicle). In the case of your action, they would incur charges of hauling it to the salvage yard..... and that cost could be recovered by them against the borrower.
The fact that they may not have done it in your case, does not prevent them from doing so in others.