What if you forget to put yourself down as a lein holder on a title,can u repo the car?

Question

I sold a car to a 'friend' in March 06, as of Aug 06 they still hadnt put it in their name or paid 4 it, it had gotten impounded so i went and filed for a duplicate title went and got the car and now they have charged me with auto theft. I got the summons the other day and the detective has the VIN number wrong in the affidavit and a few other things, the judge approved it, wouldn't that be perjury on the detectives & prosecuters part?

Answer 1

If you have all your ducks in a row. Meaning, if the person you sold the car to. Did not pay for it or register it. Than the car still legally belongs to you.

Answer 2

That is not right. To start with if you were not the legal owner of the car you could not have gotten a duplicate title. That would be like you trying to get a tittle for my truck or car.

Secondly, the unit was never paid for, therefore they do not own the unit nor do they have any legal rights to the unit. The burden of proof is on them. Where are the receipts? Where is their proof that they paid for the unit? If the unit was impounded there is only 3 people or entities that can reclaim the unit.

1~ You the rightful owner

2~ An agent acting on behalf of the rightful owner such as a repo company or a second party that has in writing and notarized with a copy of the title in the rightful owners name and a copy of the rightful owners ID

3~ Any law enforcement agency confiscating the unit because it was used or suspected to have been used in the commission of a crime.

With that being said you DID get a copy of the title, that makes you the rightful owner, the unit was released to you, that makes you the rightful owner.

Turn the original title in stolen, as it has been. That will make it null and void, period.

To repo the unit since it is yours you simply wait until these bums are in bed and go get it if you still have a key to it. If not look on the title and get the VIN number, take that number to the dealer and have them cut a key for it. Will cost about 10.00.

After you take the unit back call the police and turn it in as a private repossession. You have 1 hour to do this.

They are going to ask you the following:
Where did you take it from?
What time did you take it?
What company are you with, you give them your last name and stress it is a private repo for non payment
Where are you going to store the unit, give them a BS address because when these bums call the cops to turn it in stolen they will be told it has been repo'd and they can get the storage address.
Under whose authority did you take the unit, again you will need to tell them it is your unit and you have picked it up for lack of payment
How much is owed on it, tell them the exact amount. Now not all police departments ask this question.
What is the tag number, if the tag is still in your name that's all for the better, give them the tag number

After you have called it in as a repo ask the officer for an incident number or a repo number however it runs where you are. When you call the cops just tell them you need to report a repo. They will connect you to the auto theft department.

If this goes to court and honestly I can not see a Prosecutor being that stupid you have your proof. You have your title, in your name, they have no proof they paid. If they would have paid the title would have been signed over to them. You picked it up at impound, you repo'd it with your tags.

After that I would give some serious thought to bringing an action against the city, you can not sue the Prosecutor because that office is immune to lawsuits, I would also bring a false arrest action against the bum who has your car and the police department.

FYI if they have the wrong VIN they have the wrong case. The VIN has to match EXACTLY. Period.

If I went out to repo your car, lets say it is a (I'll give you a Hummer, how about a black one) and I see a Black Hummer sitting in front of your house and I assume it is yours and I do not get out and match the last 5 to the VIN as I am required to by law. I hook it and drag it across town, call it in, you have 1 hour to call in a repo. Later while I am doing my paper work I notice my units last 5 were 8383 and the one I took was 1234. OOOPS wrong unit, and jail time for me. THE VIN HAS TO MATCH.

Don't loose any sleep over this, they are making a mistake that can and will if you so choose cost them in the long run. Sounds like you live in a small town with cops that have nothing to do.

Word to the wise, when you do repo it, hide it good so he don't go back and mess it up or try to take it back. If you can not put it in a locked garage take the battery out, and change the door locks so he cant get under the hood.

Good Luck, not that your going to need it but Good Luck anyway.
If you have any questions feel free to e-mail me.

Answer 3

no it is merely a typing or information error on the detectives part,

They don['t really swear to anything except that certain persons have provided them with specific info.

If they continue into the case with the wrong numbers then you can just ask for dismissal

Next of course you can't just go get the car since it is not your car, it is their car. For you to get it, you would have to go to court, get a judgemnet and a court order to repo the car.

So yes you did steal the car, and need to work out a deal. I would say hire an attorney and make the best plea you can.

Answer 4

It's unanimous. Even if you didn't sign your name as a lien holder. He didn't pay, breach of verbal contract (check local laws) and can he produce receipts showing payments to you. Sounds like the DA has some splaining to do eh' Lucy. File a lawsuit against the county, your time, your ego, your money, and they can't even get the info correct, They are supposed to enforce the law, not embarrass it. EDIT ....I would say if you listen to Friar chuck than you are admitting guilt to a crime which can potentially have some serious consequences, never admit to a crime, especially when they have no evidence, and the "victim" is a deadbeat. Honesty does not always pay.

Answer 5

I would agree with the previous answer. If you still have the original title and/or the other party never registered the car, the car is yours.