Car that is "No Longer Mine" towed, and gave ME a fine!

[karihager1982]

What is the name of your state? Michigan

Okay - I am not sure if this is okay to post here, but this is the only place it really made sense to post.

Back in June 2003 I bought a 1987 Plymouth Voyager Mini-van. I kept the mini-van up until November, 2003 when I decided to sell it, and buy a new car.

An older gentleman from a few cities over wanted to buy the vehicle, and he payed me with a check. I told him that when I found out if the check was good, then I would sign the title of the vehicle over to him.

The older gentleman and I both go to the same Credit Union, so I cashed his check with no problems. I did not put any of the money into my account, because the money was going towards my downpayment of my new car.

After the check cashed, I brought the mini-van to the guys house, and he and I both signed the title in front of each other. (FYI - This is the first time I sold a car on my own before.)

Well - now into the present day. I recently got a ticket in the mail from the Ecorse, Michigan District Court saying that I owe them $112 for an 'Abandoned Vehicle' !!! Apparently this gentleman who bought my van never transferred the title.

I do have the option to make a court date, and dispute this ticket, but I recently got a great job, and have to wait 90 days until I can request a day off. So what I did was, I wrote the court a letter, stating what happened, and why I do not feel as if I should be responsible for this fine.

Also, the address of where they picked up the vehicle is where the man LIVES. My address is in a completely different city.

I also called the credit union where the check was cashed, to see about getting a copy to send with letter, but they told me that the only way I could get a copy is if the older gentleman requested a copy for himself.

With the letter, I did end up sending a money order for the $112 dollars. The letter with the fine stated that if I did not send the money, my licese would be suspended, and there would be a warrant out for my arrest. I could not let this happen.

I did call the phone number on the ticket, and left several messages for the guy who handles this situation, but I never recieved a call back, which led me to sending the letter, and money.

Has anyone ever had this happen to them? If so, how did you handle it? Do you think that the older gentleman should be responsible for the fine? I know it's only $112 dollars, but to me, that's money for my bills, and it has set me behind.

(Also FYI - Apparently when they towed the vehicle from this mans home, they asked him for the title, and he said that he 'lost' it.)

HELP!

~ Kari ~

 

[You Are Guilty]

Small claims case for the $112 the dude owes you.

 

[JETX]

Well - now into the present day. I recently got a ticket in the mail from the Ecorse, Michigan District Court saying that I owe them $112 for an 'Abandoned Vehicle' !!! Apparently this gentleman who bought my van never transferred the title.

And of course, you failed to comply with the LAW as to transferring the vehicle to a new buyer..... and should have removed the plates when it was sold.

From the Michigan DMV:
"Seller's Responsibilities - Selling a Vehicle
Keep your license plate! Never leave it on the vehicle or let the buyer borrow it. You can transfer the plate to another vehicle you may own or purchase."
Source: http://www.michigan.gov/sos/0,1607,7-127-1585_1619-25461--,00.html

 

[karihager1982]

And of course, you failed to comply with the LAW as to transferring the vehicle to a new buyer..... and should have removed the plates when it was sold.

I'm sorry - I may have failed to mention this in my first post, but I did remove ALL plates off the the mini-van. I would never leave a plate on a car when selling it.

Obviously, the man did not transfer the title. When towed the van away, they ran the VIN # and it was STILL under my name because the gentleman never went down to the Secretary of state, and have it changed.

I just don't feel that I should be responsible for something like this.

I know it sounds stupid to argue over $112 but like I said before, I honestly could not afford it.

 

[I AM ALWAYS LIABLE]

I just don't feel that I should be responsible for something like this.

My response:

Why are you selectively reading?

Of course it's "fair". All because you don't think so, doesn't mean the law is wrong. You were already told: "And of course, you failed to comply with the LAW as to transferring the vehicle to a new buyer".

Simply, you didn't bother to fill out the proper paperwork and submit the transfer papers concerning the vehicle to your Department of Motor Vehicles. You left everything up to the buyer without doing your part to comply with the law.

The State only knew that you were the owner, and that's because you never informed the State that you sold the vehicle. When you don't comply with the law, this is what happens. So, the fine is "fair." The fine is proper.

IAAL

 

[JETX]

I'm sorry - I may have failed to mention this in my first post, but I did remove ALL plates off the the mini-van. I would never leave a plate on a car when selling it.

Obviously, the man did not transfer the title. When towed the van away, they ran the VIN # and it was STILL under my name because the gentleman never went down to the Secretary of state, and have it changed.

And of course, yes, your 'forgetting' to mention the ESSENTIAL issue of having removed the tags was important and could have saved us time in this thread.

However, it also appears that you didn't take the time to read the rest of the information at the link I provided. If you did, you would have seen:
"When selling your vehicle, if possible meet the buyer at a Secretary of State Branch Office to complete the title transfer. If you cannot do this, photocopy the front of your vehicle's title after assigning it to the buyer.

As seller, complete your part on the title assignment by entering:
* The vehicle mileage
* The selling date
* The selling price
* Your signature

Have the buyer enter their name, address, and signature in the buyer's section of the title assignment."

So, all you have to do is to contact the District Court and tell them that the vehicle had been sold prior to the ticket issue date. Send them a COPY of the title, with all the above information and 'name, address and signature of the buyer'. Ask the court to dismiss the ticket against you and reissue it to the proper person (the buyer).
Pretty simple isn't it??