Can the police seize a vehicle (for DWI) that has a loan out on it and is being financed, AND......?

Question

1. Can the police forfeit a vehicle that has a loan out on it, and is being financed?
2. That is owned by two people, AND?
3. The amount owed on the loan is more than you could sell it for, OR after selling it at a car dealer's (inflated) price, would make less than $500.?

What do they do with the car?
Especially if they can't make any money on it?

Answer 1

I am not totally sure if you actually mean "seize" the car. It is not impossible but not common for a car to be seized for DUI/DWI. Seizure implies the police take the car for the violation. The car becomes property of the police department. Normally a DUI/DWI is not a seizure type of offense.
More commonly, the vehicle is towed away for the offense. Once towed, that becomes a civil business issue, not a criminal issue. The owner/driver now owes the tow company for their services. If unable or unwilling to pay, the tow service places a lien on the car. The car ultimately becomes their car for failure to pay the lien.
In CA, a DUI/DWI driver's car is impounded for 30 days. As mentioned, not only is the owner responsible for the towing but also the impound fees. It is very common at the end of 30 days that the fees cost more than the car is worth on the market.

To answer your 3 questions:
1. The loan on a car is not the police's responsibility. The police did not sign for the loan. The loan is still outstanding & the responsibility of the person who took out the loan.
2. The registered & legal owners are notified of the impound or seizure process. Both the registered owner & the legal owner have opportunity to pay the required fees & take possession of the car before it becomes the property of the police or the tow service.
3. The value of the car is of no real consequence for the police. If an actual seizure, they will get what they can for it. They have no cash tied up in the car so even $10 to the city budget is more than they had before. If an impound, the tow service isn't too concerned with the value either. They will auction the car for what they can get. They have very little tied up in the car. They have time tied up --- time to tow it & do the legal paperwork. If they pay their drivers before receiving payment, then they have some cash tied up so they recover what they can. Many tow companies sell cars often once they take ownership through the lien process.

Answer 2

1

Answer 3

In North Carolina its seized mainly if you are operating it intoxicated on a driver's licenses previously revoked for a DUI. After its seized it belongs to the state. The lien holder or owner, whether or not it was the person arrested, is S.O.L. It is still up to you to make the payments unless you can work it out with whoever the loan is with. The vehicle belongs to the state now. If the owner wants it back he/she can buy it back from the state or go before a district court judge and fight to get it back. Either way it would take plenty of time and money.

Answer 4

Well the police can tow any car when the driver of the car is arrested no matter the ownership. Police may impound the car until the tow bill is paid and will hold the car until then. They will also charge a storage fee. If no one claims the car and there is a lien on the car from a bank or finance company the police will send a letter to them advising the car is impounded and if they want the car they will have to pay the money to get it released. If the finance company or bank do not want the car they will advise the police and then they will get the lien removed and sell the car at public auction.

Best advice is to get the car out of impound or loose it, even if you aren't the owner. Best advice is DON'T DRINK AND DRIVE.

Answer 5

no remember if that's used contained in the fee of a criminal offense or the police can coach it became offered with monies from a criminal company.. The lien holder can nonetheless pursue the registered proprietor for fee of the loan, however the police could take the motor vehicle after a listening to the place a choose determines the data.

Answer 6

WOW!!! It must be "Bad information day"!

Here in Ohio, we can seize a car after your 3rd dui. If you owe more than it's worth...WE DONT SEIZE IT. We only seize vehicles that are paid for or worth more than you owe, which never happens. We cannot take yor car that you owe 20g's on and force you to make payments, thats bull. If someone else owns the car...we cant take it either. You can verify the above by looking at the Ohio Revised Code 4511.19 secion.

Answer 7

1. Yes
2. So?
3. The city can pay off the lien and get a clear title. Vehicle can either be sold or can be converted to department use, for things such as narcotics or undercover use. Some times local vehicles get traded to other agencies for similar cars, so the local folks don't recognize the car.

Answer 8

my sons car got seized in my driveway on a debt for 2007. this is now 2015 this just happened . the police said the use to be mine, but the car is now reg.a and title in his name

Answer 9

Yes, but I'm sure more than DWI was involved. They can do anything they want with seized property! It's your loan and your name...not the departments! They don't care! It's money in the city's pocket!

Answer 10

yep... they contact the financing company and let them know whats going on... you still have to pay for the car... but youll never see it again.
...theyll just take it and auction it off for a few hundred bucks...

ive never heard of a car being seized for DWI though... only for drugs... depends on your state though

guess you should have thought about all those lives you were endangering before you got behind the wheel