I'm in a financial pickle

"sony1492" (sony1492) 10/26/2019 at 08:23 • Filed to: Fuck

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Sround January I sold a car, I forgot to file the release of liability. At some point the next owner abandoned the car and it racked up almost $3k in storage fees from the towing company.

A debt collection company got in contact with me recently and filled me in on this situation. I made the mistake of sending them a photo of the filled out release of liability, then got literally yelled at by one of their representatives about how it’s not valid.

Im beginning to see that I have no way of proving that vehicle was not mine at the time of abandonment and I may have to throw away alot of money. Though the amount they want is not money I even have.

I sent out a letter of dispute and will talk to a lawyer asap but I dont see any options. Sidenote: My brother was a witness to the sale but I’m guessing since hes family that’s not usable.

pip bip - choose Corrour > sony1492 10/26/2019 at 08:32

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tell them you posted it and blame the USPS for non delivery

I like cars: Jim Spanfeller is one ugly motherfucker > sony1492 10/26/2019 at 08:34

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Justkeeo ignoring them til they stop calling, credit is a made up and self insistent concept. Change your name and move to the backwoods. 

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > sony1492 10/26/2019 at 08:35

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Do you have email or phone corresponde nce showing the sale was going to take place? Maybe that would help? Not sure how things work in the US. This release your talking about - is it the only document involved? Is there another that would prove you sold the car...? Like....did you transfer insurance to another vehicle around that time and off of the car you sold? Do you have an email to the insurance company, maybe, saying...like...’I sold this car and need to cease the insurance on it’...?

gmporschenut also a fan of hondas > sony1492 10/26/2019 at 08:36

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do you have a bill of sale? 

sony1492 > RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars 10/26/2019 at 08:51

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I have email from the insurance showing I changed my policy to remove the car, text messages to the person who bought it, and my brother who witnessed the transaction

facw > sony1492 10/26/2019 at 08:51

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Lehto did an Oppo post about avoiding this issue:

!!! UNKNOWN CONTENT TYPE !!!

Unfortunately he didn’t talk about how to fix things if you messed that part up (don’t recall if he made a followup post).

sony1492 > I like cars: Jim Spanfeller is one ugly motherfucker 10/26/2019 at 08:52

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I want to but no, my parents both have ruined credit and I’m fighting for good credit so I can finance land someday. The whole finan ced mini cooper fiasco has been to that end

Supreme Chancellor and Glorious Leader SaveTheIntegras > sony1492 10/26/2019 at 08:53

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Do you have Bill of Sale?

sony1492 > gmporschenut also a fan of hondas 10/26/2019 at 08:53

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No, just the release. Not that it would change much since the debtors will claim I forged it like they did with the release of liability 

sony1492 > facw 10/26/2019 at 08:56

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Follow up post,"Pay the piper"

sony1492 > Supreme Chancellor and Glorious Leader SaveTheIntegras 10/26/2019 at 08:57

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No, but the it wont matter much because they will claim forgery

Michael > sony1492 10/26/2019 at 09:07

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Is the car with $3k? Tell them to keep the car in lieu of payment and sign it over

f86sabre > sony1492 10/26/2019 at 09:09

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Can you now reclaim the car, pay the fee, sell the car and make more than the fee?

Ready for an adventure! > sony1492 10/26/2019 at 09:34

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ugh! I see you are getting a lot of unhelpful suggestions. Sorry it happened. I have no way to help, but I think it is awesome you are trying to do better! As a Dad of three boys, nothing makes me prouder than when I see them doing better than I did. Keep it up!

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > sony1492 10/26/2019 at 09:59

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I would think that would be fairly decent proof you were selling the car. How was the car paid for by the buyer? If it was an e-transfer or something, you would still have that record on your bank account as well.

His Stigness > sony1492 10/26/2019 at 10:05

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They can claim whatever they want, doesn’t matter what they think.

But if you have no bill of sale you definitely need to talk to a lawyer. I got out of parking, towing, and storage fees by mailing the copy of the bill of sale, the sellers info, and filed a release of liability online with DMV when I realized I fucked up. I haven’t heard anything else since. 

sony1492 > RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars 10/26/2019 at 10:16

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It was a cash sale, not sure if its show on my account since things got jumbled. The day after selling this car I bought the mini (hence forgetting to file the release of liability)

sony1492 > f86sabre 10/26/2019 at 10:18

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Theyve already claimed the carthrough lien,  any mail they sent was to the wrong address so I never got any notice of their intent until now via phone call

sony1492 > Michael 10/26/2019 at 10:18

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The car was worth roughly $500 and probably got abandoned for a reason

sony1492 > Ready for an adventure! 10/26/2019 at 10:19

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I appreciate it, I guess it's better to experience this process now then later

Highlander-Datsuns are Forever > sony1492 10/26/2019 at 10:28

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Release of liability is you signing the title and mailing the paper to DMV?

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > sony1492 10/26/2019 at 10:54

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Not sure buddy :(

sony1492 > RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars 10/26/2019 at 12:25

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You ve got me think on the right track though, I do have dated text messages combined with other bits of data that may be worth something in court

sony1492 > His Stigness 10/26/2019 at 12:28

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The lady at the dmv said I should file the release of liability anyways since the date i write on there is me swearing that that is the true date of sale. The dmv paperwork will then say the car sold on said date.

So I made a photocopy and mailed in the original release of liability 

sony1492 > Highlander-Datsuns are Forever 10/26/2019 at 12:30

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Rrelease of liability is a removable section of the title that is filled out by both parties, the info can all be done online or mailed out.

Filling out the title is also part if the process but only useful to the buyer.(the car was smogged and all then paperwork was clear though so there wasnt an excuse to not register it in their name)

Highlander-Datsuns are Forever > sony1492 10/26/2019 at 13:03

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I sold a car in Sacramento to a tweaked and I had that paper in the mail in the next 30 minutes. He drive the car for 6 months, it does and he abandoned it on the street.

sony1492 > Highlander-Datsuns are Forever 10/26/2019 at 13:21

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I thought I did it but may have gotten caught up in financing the mini the next day.

I guess after 15 cars I'd gotten lazy

slipperysallylikespenguins > sony1492 10/26/2019 at 13:54

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I don’t know how it works in CA but this happened to me in MN with a Cherokee. I just told the towing company to keep/auction it and that was that. It didn’t sit in storage very long though.

Akio Ohtori - RIP Oppo > sony1492 10/26/2019 at 14:57

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Hmm I’m not a lawyer, but I was under the impression the towing company’s only real recourse is to file to take ownership of the car. They could come after you, maybe, but it doesn’t seem like they would?

sony1492 > Akio Ohtori - RIP Oppo 10/26/2019 at 15:42

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This company is particularly shitty, they have curt customer service, charge twice the going rate for a smog, wont even look at smogging anything older then 05.(they are a tow company/alignment smog shop)

They get the vehicles, let them sit long enough to claim ownership then sell them. Also apparently hiring a 3rd party debt collector for their arbitrary holding costs

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > sony1492 10/26/2019 at 20:09

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That’s all I can hope for buddy! I don’t want to know how much b eyond the towing company’s fees that a lawyer would cost you though...

ITA97, now with more Jag @ opposite-lock.com > sony1492 10/27/2019 at 12:26

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I don’t know the specifics of how storage liens work in your state, but a towing company executing one and then attempting to additionally collect added  storage fees (or whatever they want to call them) seems far fetched. At the very least, it’s fetched. This feels like the kind of thing resolved via few hundred dollars thrown at a consumer law attorney. Even if what they’re trying to do actually is legal, it is the kind of predatory collection activity that relies on folks not knowing what to do about it and/or ignoring it until the paperwork mill eventually nets cheaply gotten judgement and wage garnishments. These kind of operations tend to abandon the effort when a consumer actually hires a lawyer or otherwise looks like they’re going to contest the matter. It isn’t profitable for them to actually fight things out.

I’d expect a strongly worded letter from a lawyer goes a long ways to straightening this out.

sony1492 > ITA97, now with more Jag @ opposite-lock.com 10/27/2019 at 13:11

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I hope that’s how it pans out, I’m going to speak with an attorney as soon as the powers back on.

It does feel very predatory, especially once their representative started yelling at me about the release of liability, not letting me get a word in edgewise then claiming I needed to calm down and callback (followed by him hanging up) when he was the one yelling(effectively throwing red he rring , and slippery slope at me in some intimidation technique)