Ex's abandoned car still registered to my address

[CdwJava]

The police have not claimed that her name is on the title either...the police merely said that because the car was registered to her address, she is responsible for it (which is untrue)

Well, that s how SHE interprets what the police have told her.

It could be that she is misunderstanding the reasoning as explained by the police, or, the officer has it all bas-ackward.

The OP should probably speak to a supserivosr at the agency involved. That agency can heck the DMV paperwork and find out whose name it is in and let her know whether she is liable or not. An address will not automatically imply liability, though you can expect that if it is towed a tow company may try to collect what they owe from her ... maybe ... but it will likely fail if her name is not on the title or registration at all.

Now, if the OP's name is on the registration or title - regardless of whether she knew about it or not - then she would have an arguable presumption of liability.

 

[TinkerBelleLuvr]

She has stated a number of times that HER name does NOT appear on the title. Therefore, SHE cannot move the car. Call the supervisor and let them know that the owner, who USED to live at this address, is no where to be found. They are welcome to tow it. Actually, if it is on the property of the landlord next door, HE gets the fun of having it towed.

 

[mcinca]

My name is NOT on the title.
When the police ran the DMV record, it showed my ex's name ONLY, but with my address on it, because he lived at my address during our marriage.

 

[Zigner]

My name is NOT on the title.
When the police ran the DMV record, it showed my ex's name ONLY, but with my address on it, because he lived at my address during our marriage.

Thank you for being absolutely clear about it

Tell the officer/neighbor that you have nothing to do with the vehicle and that you have nothing further to say on the matter.

 

[mcinca]

And... another update here...
I met the owner/landlords of the next door house.

The land lady and I got into argument. Her husband and my husband just stood and listened.

The land lady asked me to remove the car. I politely said, "I have no responsibility on it because I am not the owner of the car."
Then the landlady got nasty by saying, "But this is your husband's car and you have some responsibility on it!"
I cut, "He is ex-husband. And I was advised (note: by you guys from freeadvice forum) not to touch or do anything with this car because then it would be my responsibility."
She replied, "Well, ok ex-husband. But then when you were married to him, I am SURE, YOU WERE DRIVING IT AND WERE BENEFITING FROM THIS CAR!"
I said, "Sorry. Not true. Your tenant was the only one driving this car since several years ago and as far as I know, my ex gave the car to him and I assume they changed the title, but I guess your tenant was playing game."
She said, "You should share some responsibility because this car was your ex-husband's car. I cannot even remove this car because this car is not mine."
I said, "Well, I cannot move the car either. I do not even have the key and I am not the owner. Also, the (other) neighbor could prove that your tenant was the only one driving the car."
She said, "Ok then the court will then decide who has responsibility on it."

Then I said I had to go to work.
And she said she will need to talk to me again.

 

[mcinca]

Are they just trying to scare me so I would pay for removal because they do not want to pay? Can they sue me at the court?

FYI, the landlady next door is juris doctor (and husband is dentist).

 

[Zigner]

And... another update here...
I met the owner/landlords of the next door house.

The land lady and I got into argument. Her husband and my husband just stood and listened.

The land lady asked me to remove the car. I politely said, "I have no responsibility on it because I am not the owner of the car."
Then the landlady got nasty by saying, "But this is your husband's car and you have some responsibility on it!"
I cut, "He is ex-husband. And I was advised (note: by you guys from freeadvice forum) not to touch or do anything with this car because then it would be my responsibility."
She replied, "Well, ok ex-husband. But then when you were married to him, I am SURE, YOU WERE DRIVING IT AND WERE BENEFITING FROM THIS CAR!"
I said, "Sorry. Not true. Your tenant was the only one driving this car since several years ago and as far as I know, my ex gave the car to him and I assume they changed the title, but I guess your tenant was playing game."
She said, "You should share some responsibility because this car was your ex-husband's car. I cannot even remove this car because this car is not mine."
I said, "Well, I cannot move the car either. I do not even have the key and I am not the owner. Also, the (other) neighbor could prove that your tenant was the only one driving the car."
She said, "Ok then the court will then decide who has responsibility on it."

Then I said I had to go to work.
And she said she will need to talk to me again.

You're getting WAY too involved in this. Your response SHOULD have been:

It's not my car and never was. You'll either need to contact the owner or get it towed if you want it out of there.

That's it...there's no reason to engage the other party any further.

 

[CdwJava]

And... another update here...
I met the owner/landlords of the next door house.

The land lady and I got into argument. Her husband and my husband just stood and listened.

Smart husbands ... far too often I have seen wives drag husbands into it and the arguments descend into fist fights when they never should have gone that far.

The land lady asked me to remove the car. I politely said, "I have no responsibility on it because I am not the owner of the car."
Then the landlady got nasty by saying, "But this is your husband's car and you have some responsibility on it!"
I cut, "He is ex-husband. And I was advised (note: by you guys from freeadvice forum) not to touch or do anything with this car because then it would be my responsibility."
She replied, "Well, ok ex-husband. But then when you were married to him, I am SURE, YOU WERE DRIVING IT AND WERE BENEFITING FROM THIS CAR!"
I said, "Sorry. Not true. Your tenant was the only one driving this car since several years ago and as far as I know, my ex gave the car to him and I assume they changed the title, but I guess your tenant was playing game."
She said, "You should share some responsibility because this car was your ex-husband's car. I cannot even remove this car because this car is not mine."
I said, "Well, I cannot move the car either. I do not even have the key and I am not the owner. Also, the (other) neighbor could prove that your tenant was the only one driving the car."
She said, "Ok then the court will then decide who has responsibility on it."

The law (CVC 22658) allows the landlord to remove the car at the owner's expense. If the owner cannot be located or refuses to pay, the tow company can place a lien on it and seize it after 30 days - this is what usually happens.

I see no liability on your part at this point.

I would suggest as Zigner has, politely inform her that the vehicle is not and never has been your car and (again, politely) decline to speak to her about it any further.

 

[mcinca]

Thank you!

Is Cdw Java a police?

 

[CdwJava]

Thank you!

Is Cdw Java a police?

Yes. I am a police supervisor/administrator in California.

 

[mcinca]

Do you think the police can locate where my ex is and send the bill over there (not to my address)?
I just found it weird because I thought police always has access to people database. So why didn't that police officer run a name check where my ex lives now after we told him that the person (my ex) does not live here anymore for long? (He only ran a check on car registration which has my ex name on it with my address)
Then that police would simply told my husband that we are the responsible ones due to the address used for that car.
I always think that police can find everyone's current address.

 

[TinkerBelleLuvr]

Are there valid tags on the car? what about insurance? anything in the glove box (as in the car is unlocked)?

 

[CdwJava]

Do you think the police can locate where my ex is and send the bill over there (not to my address)?

Maybe. But, unless they are looking to abate the vehicle pursuant to a county and city ordinance, it will not be their problem - it will be the problem of the property owner.

I just found it weird because I thought police always has access to people database.

If his info is current with the DMV, sure. or, if it is current in a local database (as in recent contacts) then, yes. Unlike TV, there is no magical database that provides us with names, addresses, cars, friends, lovers, jobs, criminal records, and who likes him on Facebook.

So why didn't that police officer run a name check where my ex lives now after we told him that the person (my ex) does not live here anymore for long?

He may have. And, it could be that the address has not changed. Or, he did not care that much. Like I said, it is not a problem for the police. They may have acted the heavy as a favor to the landowner, but unless a local ordinance allows them to cite and/or tow for the abandoned vehicle.

Then that police would simply told my husband that we are the responsible ones due to the address used for that car.

The officer was wrong.

I always think that police can find everyone's current address.

If only ...

We call this the "CSI Syndrome." People tend to believe TV.

 

[mcinca]

Thank you all for your kind replies!

Update:
Apparently the tag on the plate says "Nov 08"... I never knew it because I never pay attention to it even though the car has been parked on the neighbor's driveway next to mine.
Well... I have not seen my ex since Sep 07. The split was not amicable.
The next thing I knew his car was parked and driven by the tenant-neighbor.
I assume that my ex renew the tag before signing it over to the tenant-neighbor but the tenant-neighbor never registered it to the DMV.

 

[CdwJava]

Thank you all for your kind replies!

Update:
Apparently the tag on the plate says "Nov 08"... I never knew it because I never pay attention to it even though the car has been parked on the neighbor's driveway next to mine.
Well... I have not seen my ex since Sep 07. The split was not amicable.
The next thing I knew his car was parked and driven by the tenant-neighbor.
I assume that my ex renew the tag before signing it over to the tenant-neighbor but the tenant-neighbor never registered it to the DMV.

It still appears to be no problem of yours. It is a matter for your ex and, perhaps, the prior neighbor.