My car didn't run so I gave it to this guy for free. I just wanted it out of my driveway. I gave him the title, but he has never legally taken ownership of it. It turns out he got the car to run and driving around uninsured and getting parking tickets. The registration is suspended because there is no insurance. I receieved several notice from the DMV that the vehicle needs to be insured and now I received a parking ticket that is under my name. I told the guy before but he won't listen. What can I legally do to him?
2007-06-14 20:08:06 · 12 answers · asked by gambitleblanc 1 in Politics & Government ➔ Law Enforcement & Police
First go to the DMV as soon as possible and file a release of liability. It's a litte form that you fill out - nothing major, but it will keep you out of any future trouble.
You can sue him for the parking tickets in small claims court.
But get that release of liability in TODAY before he has an accident in a vehicle registered to you.
2007-06-18 03:12:05 · answer #1 · answered by Anonymous · 3⤊ 0⤋
...cars and everything else for that matter are never 'kinda' stolen. You either willingly gave it over as a gift or a trade...or it was taken from you, ie, stolen.
Now that that's settled, on the actual answer. You have one of two options: give him the registration as well so that he will completely own the car, or call the police and report your car stolen.
Since you admit here that you gave him both the car and the title for free, in a 'non-legal' sense, the car is his and not yours. It'd probably be best to give him the registration and finish what you originally started when you first made the deal. Besides, if you call the police, they're going to wonder how he has the title...and, should he argue for possesion, you may have to go to court to settle everything, which you probably don't want to do, since you didn't even complete the sale in the first place.
If that doesn't work, you want the car back, or just because the sky is a slight hue of blue tonight, you could always report the car stolen. If you still possess the registration, and it has your information on it and not that of this guy, then, as far as the DMV is concerned, the car belongs to you, not this guy. If you're questioned about how he got the title or about you giving the gift, you could: explain that he failed to complete the possession, say it was only a loan, or lie saying he's a complete thief. Of course, since you probably know this guy, the police may be inclined to let the two of you settle the matter. After all, the DMV is only interested in being paid...they don't really care who does it.
The moral of the story is...if you give something away...make sure you GIVE IT AWAY, lock, stock, and barrel. Good luck with resolving this...hopefully it won't just be kinda resolved either.
2007-06-14 20:24:34 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Legally it is not still yours, you gave it to someone else. The registration may still show that it is yours but that is because you two did not do the transfer like you were supposed to or you should have atleast removed and canceled the registration plates. You admit that you "gave it to him for free". I read this as meaning that you did not intend to get it back. So it now belongs to him. You can not un-gift something, reporting that this guy stole your car would be a lie. Your car is NOT stolen.
However, there certainly are other issues here that need to be addressed. He is illegally driving on your plates and without insurance this needs to be reported to the police if the two of you can not work something out and do thing legally. Apparently you just telling him to stop is not going to work. You need to get this taken care of ASAP or you may find yourself trying to fight other tickets as well. The issue here is the registration, there is no insurance, and once your registration plates are taken off that vehicle and ownership transfered the insurance issue will no longer exist.
The way I see it there are a couple options.
1) You try to get the car back by telling the guy that it still belongs to you, which as I said above, it does not because you GAVE it to him. If you convince him to do this you retain ownership and can insure it and use is. I doubt he will do this because you GAVE it to him.
2)You make sure that you cut all ties to this vehicle ASAP. You do what is necessary to make him the legal owner. If he already has the title probably the only other thing he needs is a bill of sale. You get your registration plates removed from the car and he will have to re-register it or you tranfer those plates to his name legally. If he does not want to work with you to do this quickly and legally then you get the police involved. The actual ownership of the car issue is a civil matter not for the police to decide but what they can do it charge him with driving it without proper registration or insurance.
3) Lastly one thing that I might do if circumstances allowed would be to go and remove the plates myself, They are in your name and therefore you can do that, as long as you are not breaking any other laws such as trespassing on his property and do NOT try to get anything out of the car. Obviously only do this if it is safe for you to do so. Even if you do this you still want to do the ownership transfer because if it is run by VIN number it will still show you as the last owner.
2007-06-14 20:43:09 · answer #3 · answered by CountyMounty 4 · 0⤊ 0⤋
There is no such thing as kinda stolen. You gave it to him for free. You should have transferred the title to his name before you let him take it for free, kinda of dumb on your part. You are liable for any and everything regarding that car as it stands right now. Only thing you can do is file on him for failure to register the vehicle in his name. You are stuck with them tickets etc.. Call Department of Public Safety and they will tell you what to do. Kinda stolen want fly with them, so be honest. You also have a one hundred percent right to go and take that car back, as it is still in your name. Get a duplicate copy of the title, get a police officer to go with you, and take it, it is still legally yours.
2007-06-14 20:45:57 · answer #4 · answered by Anonymous · 1⤊ 0⤋
This happened to me once. I sold a pickup truck and the next day it was cited for a parking violation. All I did was send the city a copy of the bill of sale and I never heard another word. You need to tell the city where it received the ticket your story, hopefully they will believe you. In the future, get documentation of any transaction.
2007-06-14 20:18:35 · answer #5 · answered by DanKoko 3 · 1⤊ 0⤋
Put the release of liability in with the DMV. You should have done this day one but it is never too late.
Then contact the City or court to dispute all tickets.
2017-02-19 14:34:01 · answer #6 · answered by car253 7 · 1⤊ 0⤋
lol ya man u can "kinda" report it to the local police before consulting a lawyer or something.
2007-06-14 20:13:02 · answer #7 · answered by Googsy 1 · 0⤊ 1⤋
Legally its still yours. Any alibi? Sign any handing and taking over letters/papers?
If no, then you are in kinda deep sh*t here.
2007-06-14 20:12:30 · answer #8 · answered by Anonymous · 1⤊ 1⤋
If you don't have a notarized bill of sale, then you have problems. The car is still your responsibility.
2007-06-14 20:42:17 · answer #9 · answered by CGIV76 7 · 2⤊ 1⤋
"kinda" call the police.
"kinda" take him to court.
"kinda" get a lawyer.
lol.
2007-06-14 21:15:44 · answer #10 · answered by Anonymous · 0⤊ 1⤋