I need some legal advice!

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  • Joe

    Well-Known Member
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    13   0   0
    Nov 1, 2009
    169
    18
    Thibodaux
    I sold my old truck 8 months ago and wasn't able to get my licence plate off the truck before the new owners towed the truck away. I went to the DMV and canceled the plate and told them my story. I thought was now out of my name and that the licence plate was taken care of after going to the DMV.

    Yesterday I got two letters in the mail from the City of New Orleans. One of the letters is a speeding ticket from one of the speeding cameras and the other letter is is for an over due parking ticket. The pictures on the speeding cam ticket are of my old truck and old licence plate. Both tickets were issued in Dec.

    It turns out the guy I sold the truck to never registered it in his name and is driving around with my old licence plate. So I drive back down to the DMV today and they tell me there isn't anything they can do unless to get the truck out of my name unless they guy registers the truck or I physically get the licence plate and turn it in.

    Ok now the part that really sucks for me. I can't find my copy of the bill of sale. So I don't have they guys info anymore.

    Does anyone have any advice on what I should do now?
     

    Guate_shooter

    LA CHP Instructor # 522
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    Dec 4, 2009
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    I thought truck plates are transferable ???????

    The problem is that the guy never registered the vehicle to his name so technically on the system is still belong to you. Another idea would be to go back to the Notary that you used for the transfer since they are required to keep a copy in their file which will have the buyers information on it.

    As mentioned before I would report it to my local Sheriff since its a vehicle that is driving without insurance (most likely) which is a public safety issue.

    I would also get an Attorney since you will have to go to court and show a judge the vehicle was sold and try to get them to take the fees away from your name.
     

    kcinnick

    Training Ferrous Metal
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    Dec 24, 2008
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    Baton Rouge
    I have some, don't go to the DMV expecting to get help.

    You might try one of those third party express DMV type places. They have connections and their convenience fee might be well worth it if they can straighten the plate out for you.
     

    Yrdawg

    *Banned*
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    Sep 24, 2006
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    Big Woods
    I have some, don't go to the DMV expecting to get help.

    You might try one of those third party express DMV type places. They have connections and their convenience fee might be well worth it if they can straighten the plate out for you.

    +1
    Have seen the title places work what to us looks like majic...it ain't free majic tho
     

    jimdana1942

    oldtimer
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    Aug 11, 2008
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    Sulphur, La.
    Sorry to hear that mess popping up Joe. Just when you think you can go sit on the front porch and watch the armadillos plow up your yard the post office brings you some sh-t.

    All I know is that the DMV is the most difficult agency to try to deal with. Good luck.
     
    Last edited:

    bigtattoo79

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    Sep 12, 2009
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    Your bill of sale will prove you dont own the truck as of whatever date is on it. They should go after the new owner at that point.
     

    Golden-Eagle

    Well-Known Member
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    Oct 10, 2010
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    Mandeville
    Perhaps I missed it.

    1. Why was truck towed and not driven away?
    2. Who signed for the Tow Driver to pick it up?
    3. Do you have a Notarized copy of the Bill of Sale?
    4. Where is the Title?
    5. Insurance, what insurance. You should have received something from your Insurance Provider.


    ******Personally I like the report it stolen.*******
     

    Joe

    Well-Known Member
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    13   0   0
    Nov 1, 2009
    169
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    Thibodaux
    Perhaps I missed it.

    1. Why was truck towed and not driven away?
    2. Who signed for the Tow Driver to pick it up?
    3. Do you have a Notarized copy of the Bill of Sale?
    4. Where is the Title?
    5. Insurance, what insurance. You should have received something from your Insurance Provider.


    ******Personally I like the report it stolen.*******

    The truck was towed because it wasn't running at the time of the sale.
    I don't have the bill of sale.
    The title was signed over to the new owner when the cash changed hands along with the bill of sale.
    Had I had known what a big head ache this is turning out to be I would have done it all at a notary.

    I thought about reporting the truck stolen but is it really stolen? I know this is going to be a costly life lesson I just want to make sure I completely cover my ass this time.
     

    03protege

    #1 Stevel Spell II fan
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    14   0   0
    Nov 20, 2008
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    Mandeville
    The truck was towed because it wasn't running at the time of the sale.
    I don't have the bill of sale.
    The title was signed over to the new owner when the cash changed hands along with the bill of sale.
    Had I had known what a big head ache this is turning out to be I would have done it all at a notary.

    I thought about reporting the truck stolen but is it really stolen? I know this is going to be a costly life lesson I just want to make sure I completely cover my ass this time.

    Sounds like bad juju to report it stolen.

    6-7 years ago we got a phone call stating that our abandoned vehicle has been impounded and fines were incurring. It turned about to be my fathers old car he traded in and the new owners never registered it. At least with them we were able to tell them to F off.
     

    cajun 22

    Shooter
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    May 22, 2008
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    Houma, LA
    Call the towing co. and ask if they have an address or name of who payed the towing charge. Find out where they brought the truck. Get a copy of the towing bill and file a report with the sherriff's office. Good Luck.
     

    hunter5567

    Monolithic Mentor
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    Oct 9, 2006
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    Denham Springs, LA. near B.R.
    Always have the title and bill of sale notarized during the sale. That legally takes it out of your name.
    Without the title being notarized, the new owner wouldn't have been able to get the title in his name until you went with him to do so. Your also going to get red flags at the DMV if insurance was canceled on the truck and the plate is still current. I think the titles nowadays have provision on the back that basically acts as the bill of sale when notarized.
    At the very least--always take the plate off and turn it in so you don't get the no insurance red flags at the DMV.
    This may also depend on if the plate had a current registration tag on it. $20 worth of Notary Fees saves a hell of a lot of aggravation and further money out of the pocket. Might end up costing you more than you got for the truck in the first place.
     

    buttanic

    Well-Known Member
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    Dec 2, 2010
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    LaPlace, LA
    Life lesson, never sell a vehicle without being witness to the buyer completing the paperwork to register the vehicle in his name and get a copy of such paperwork unless it is a personal friend you trust you sold it to. Also remove the license.
    I have heard this same story from several people.
     

    Joe

    Well-Known Member
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    Nov 1, 2009
    169
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    Thibodaux
    I'll file a police report on the plate tomorrow and see if they local Sheriff Office has any advice.

    Thanks for the advice guys.
     

    Pace

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    Oct 2, 2011
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    I wouldn't file the truck as stolen. I'd file that the plate was stolen. Get a police report stating that, then take it to the DMV.
    Exactly THIS!

    Louisiana is still a NOTARY State. Always keep notarized copy 2 of the bill of sale for your protection. You could have gone to www.expresslane.org and filled out the vehicle transfer with the buyer's name address etc. There is also a place to cancel insurance (vehicle statement of NON-USE) as well on that DMV site, both are under "Vehicle Services". Of course now you will have to contest the camera speeding and parking fine by providing the DMV corrections as proof.

    Bring the police report on the stolen plate to the DMV.

    PS: The truck itself is NOT stolen. Chances are the buyer will have your title with all the writing on the back!:rolleyes: Please don't go down that road! (falsifying police report) :eek3:
     

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