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Country Discussion Topics
To add your comments to this topic, click on one of the 'Reply' links below.

Any Lawyers out there that can help me?
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Willy-N    Posted 07-25-2004 at 12:18:29       [Reply]  [No Email]

Here is the deal. I sold my Power Wagon back in August of 2003 for 10,000.00 and was paid for it and turned over the title to the new owner. He was suposed to have it picked up (he lives in N. Carolina, I am in Washington State). I have had no contact from him since Dec 2003 when I told him I was going to charge 5.00 a day storage, he replied he was not happy with me doing that. His bill is up to allmost 1,200.00 now and I have still not heard from him! August 15 it will be a year since I have sold the Vehicle and getting tired of it sitting in my yard being taken care of by me. Do I have any recourse or liability for this truck? I told him to insure it because when sold I removed my insurance from it and would not be liable for any damages that may accure if you leave it here. I want it gone or back in my name so I can deal with it. What do I do? I have prepared a registerd letter to send him saying the bill for storage needs to be paid to date or I will seek leagle methods to dispose of it to collect the storage fees. What can I do?? This has gone on long enought as far as I am concerned. This is a picture of the Truck I sold him on EBay and a lot of money has changed hands in this deal! Mark H.


screaminghollow    Posted 07-25-2004 at 18:39:58       [Reply]  [No Email]
State law varies a great deal, so the law in your state may be different.
If you've been paid and turned over the title, your obligation is over. There was at least an implied part of the contract for you to hold it for a reasonable amount of time. A year is not reasonable. Whether you can charge storage, is an entirely different matter. Unless the charge was agreed to in the original contract, you may be screwed. The proper disposition of the vehicle depends on your state's law. Here in PA, the owner of the property, has no interest in a vehicle abandoned on his property. Technically, in PA, a person is supposed to call a salvage licensee to have the vehicle hauled away. The owner is notified by certified mail to arrange to get and pay towing and storage on the vehicle or it is sold. Where a garage or parking lot, has a lien for storage, the vehicle must be advertised, the owner notified etc., and then public auction is held to sell the vehicle.
I would write the guy a certified letter and tell him you're going to sell the vehicle at public sale for accrued storage charges. Your state may require newspaper publication etc. Your Dept of Motor Vehicles can probably tell you how to do it.


Willy-N    Posted 07-25-2004 at 19:28:45       [Reply]  [No Email]
Thanks I sorta thought it might be that way. It seemed every state had a different rule or it depended on if you were a dealer, towing company ect. That is kind of what I put in the letter hoping I would get some kind of responce. Well see what happens. The DMV told me to see a lawyer. Thanks, Mark H.


steve19438    Posted 07-25-2004 at 16:41:44       [Reply]  [Send Email]
save yourself a couple of bucks and send the letter CERTIFIED not registered. registered is used mostly for insurable things like stocks or antique papers that have a monetary value. make sure you also include a "return receipt"!
btw: i always knew that was a money maker project!!!


Clod    Posted 07-25-2004 at 18:28:16       [Reply]  [No Email]
Steve is right..He should be awarded a turkey/


Willy-N    Posted 07-25-2004 at 19:31:26       [Reply]  [No Email]
I don't respond to steve he has a special name I can't type here. It has gone back a long ways. Mark H.


Clod    Posted 07-25-2004 at 18:31:30       [Reply]  [No Email]

Good work Steve!


buck    Posted 07-25-2004 at 16:37:51       [Reply]  [No Email]

Contact your local sheriff/police and explain the situation and have them find out of the new owner has ever put the title in his name. If he has then let the sheriff/police take posession of it and deal with the owner. They should also be able to find out if there is a logical reason as to why the guy hasn't picked it up or at least got in touch with you. Hope things work out.


Nathan    Posted 07-25-2004 at 14:27:09       [Reply]  [No Email]
I think I'd contact the guy to ask about driving it around in exchange for the storage. Things have a way of going down when sitting for a while. He could mail you the insurance card/policy.


Willy-N    Posted 07-25-2004 at 14:56:22       [Reply]  [No Email]
That would be a good trade off if he would just contact me. I could go along with that deal and it would be fair. Mark H.


Ennis    Posted 07-25-2004 at 14:26:46       [Reply]  [No Email]
You know what. The man paid in full and what is it hurting sittin on your rather large property?

I also think that charging him to store it is not right and it makes you appear to be money grabbing.

Maybe you should think of another way to solve this besides charging or threatining.

Maybe send him a regestered letter stating you will not be held responsible for his property and then park it somewhere out of harms way and forget about it?

You know Mark, being kind goes a long way.


Willy-N    Posted 07-25-2004 at 14:53:15       [Reply]  [No Email]
Well I was being nice about it. I gave him 90 days time to pick it up for free. I also gave him the name of a transporter who would ship it for haft the regular cost. I plowed snow out from around it during the winnter expecting him to show up to pick it up all winter long. I mow under it and keep the battry charged and start it once in a while to keep it running right. He has never had the courticy to contact me even tho I have tried 10-12 times to find out what he is planning to do. I have washed it kept mice out of it and changed the fuel to keep it from going bad. I guess you would do this for him even tho he does not keep in any contact but after a year of maintaining a truck that was sold I do not think I am out of line. It does not matter how big my place is I have to take care of it. I have to make sure it does not burn in a fire or Cows damage it by rubbing on it. The deal in the begining befor it was sold or paid for was to have it picked up befor winter, very clear to him and he agreed to the terms no problem. When winter rolled around he decided he would not follow thru nor does he ever contact me other than he did not like the idea of paying storage fees. That was Dec 2nd 2003 and he has left me in the dark since. I spent over 1,200 hours restoring this truck realy did not make a penny on it and it bothers me to look at it sitting there just wasting away. He should follow up with his end of the deal by picking it up and not leaving it for me to take care of for him. That is why I am charging him storage fees now and do not think they are out of line. Maybe you could tell me how to deal with some one who won't contact you back when you try? No responce at all? That is why I am sending registerd mail. Maybe you don't follow up on what you tell some one when you make a deal with them. I do and think that is the proper way to do buisness. Mark H.


ennis    Posted 07-26-2004 at 10:02:31       [Reply]  [No Email]
Mark,
I really do understand but I also know that people have problems sometimes, and I remember you saying you had some troubles in the past and I was just saying that it ian't hurting you or costing you anything to have it there so what's the problem.

I didn't mean it as a critizium of you personally.


Fern(Mi)    Posted 07-25-2004 at 12:52:11       [Reply]  [No Email]
Check out your State's motor vehicle abandonment laws. You may just get it back on an abandoned motor vehicle claim. A new title may require an official police officer to verify the serial numbers.
Fernan


Dieselrider    Posted 07-25-2004 at 15:01:45       [Reply]  [No Email]
Hey Fern, Glad to see you stopped by. I've missed your stories and humor. Hope you're back for keeps. Have a good day.


Salmoneye    Posted 07-25-2004 at 13:42:45       [Reply]  [No Email]
Anything here over 15 years old does not need a title to be able to register it...May be the same where Mark (willy) is...

Think about it Mark...Register and insure it and drive it...When/If the guy ever shows up with the 'title', happily hand him the keys and thank him kindly for use of his truck...

Then get on the phone and cancel the registration and insurance as he drives out...

:-)


Willy-N    Posted 07-25-2004 at 13:49:06       [Reply]  [No Email]
The DMV Office told me they would put it back in my name if I signed a form the title was lost. I got nervose putting my name on the line with the fine at the bottom for not telling the truth! I need to do this leagle so he can't come back on me. Driving it around sure would be nice for it to stay running correct instead of just sitting parked. I need to turn it around to let the sun can bleach the other side for a while also. Mark H.


Salmoneye    Posted 07-25-2004 at 14:06:27       [Reply]  [No Email]
Bah...You are no fun... ;-)

Never said to get the title back in your name...Just the registration and insurance...



Willy-N    Posted 07-25-2004 at 14:09:56       [Reply]  [No Email]
I think I can drive it now since my insurance covers any vehicle I don't own unless it is a Comercial Vehicle. I have taken it for short drives to circulate the grease and fluids but afraid to go into trafic, just up on my roads around home. Mark H.


Willy-N    Posted 07-25-2004 at 12:58:45       [Reply]  [No Email]
I read those rules and they appeared to pretain to dealers, tow truck opperators and Junk Cars with parts taken off them left on your property. Mark H.


Ron/PA    Posted 07-25-2004 at 12:50:20       [Reply]  [No Email]
Mark, give a shout for "Screaminghollow" he's a lawyer here in Central PA. Real decent fellow.
Good luck, sounds like you need it.
Ron


Willy-N    Posted 07-25-2004 at 12:56:06       [Reply]  [Send Email]
That was the one I was thinking of. I hope he reads this post. Mark H.


ron,ar    Posted 07-25-2004 at 12:36:38       [Reply]  [No Email]
There is a lawyer that posts here sometimes but I can't remember the name.
I stopped south of town not long ago to look at a dragline that had been sitting there for several years. When I asked about it the owner said he had sold it 3 years ago to a guy up in Ill. or Ind., someplace up there. Some folks just buy stuff they don't really want I guess. My dad bought 3 8-N's several years ago and one of them is still at the sellers house.
Didn't you post pics over on tales and here as you were restoring that truck? I seem to remember it from someplace.


Willy-N    Posted 07-25-2004 at 12:42:46       [Reply]  [No Email]
Yes I did restored it and sold it to finance my Water Tender I built. Sure wish I had that kind of money to spend and not pick up what I paid for!Mark H.


Clod    Posted 07-25-2004 at 12:33:22       [Reply]  [No Email]

Lawyers are a work of the devil Mark. But if you want to give them a wad of money they will fix any problem,,If the money is in a big wad. Make them an offer they can't refuse.


Willy-N    Posted 07-25-2004 at 12:46:32       [Reply]  [No Email]
I was hoping to get a little free advice here. I also know you get what you pay for. In saying that I sure don't want to spend a bunch of money just to see the truck picked up later and get nothing back for spending it. It would be easier if some one just stolen it then I could send him a note saying thanks for picking it up, I missed you coming by! Mark H.


Clod    Posted 07-25-2004 at 13:00:36       [Reply]  [No Email]
Yes Mark I knew that was your goal here,,I thought I would jump in here and add another post because they most often open those with more names below them. Besides,, I was doing other things as an experiment. Ask the guy if he has insured the truck because the area is often in a fire zone. He might get more interested in sending a reply.


toolman    Posted 07-25-2004 at 13:11:12       [Reply]  [No Email]
maybe somthing happened to him or his family and he can,t come or reply, wait for the registered letter to get to him and see,if nothing then maybe try and find out if he,s still alive even.


Willy-N    Posted 07-25-2004 at 13:14:26       [Reply]  [No Email]
That is why I am sending the Registerd letters to him. I have both his home and MailBox ECT addresses and sending one to each. If he died I am sure they might put deceased on the envelope? Mark H.


Aprille    Posted 07-25-2004 at 16:08:01       [Reply]  [No Email]
Umm..yaknow what ya COULD do?? WHy not send him the letter and make sure it is notarized..If you wish to show it to a lawyer then do so..Inform this gentleman that you intend on GIVING the truck to a charity in your area..if he does not respond to THAT in 90 DAYS..and make sure you leave a paper trail and write down EVERYTHING..do the right thing and give it to a needy charity..Meals on Wheels..Boy's Club..also u could decide to bring the truck to an auction and sell it there..OR..send him a check for the full amount he paid and tell him to kiss your patootie!


Clod    Posted 07-25-2004 at 18:11:53       [Reply]  [No Email]

Excuse me while I experiment.


Aprille...left wondering.    Posted 07-25-2004 at 18:27:37       [Reply]  [No Email]
Are u tryin ta bend backwards Clod..cuz if so watch out fer them discs..they slip when ya least expect it and doin' the aforementioned exercise may result in some sprainage!


Clod    Posted 07-25-2004 at 19:04:00       [Reply]  [No Email]

Yes.. I try to bend backwards because everyone else bends forward.


Doc    Posted 07-26-2004 at 05:26:02       [Reply]  [No Email]
Send him a certified letter telling him your giving it to me. Then I'll have something cool to drive for a while and if he decides he wants it. It will already be most of the way to his house. :)


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