Pac....avoid the additional per day penalty and pay it, then fight it later.

A bill of sale contract is a legally binding document.   The point of signing the back of the title is to prove that you are transferring ownership of your vechicle. Transferring ownership, means transferring responsibily of your ownership of said vechicle to another. They are FOS, the tow company is trying to shake you down.    Send the tow company a copy of your bill of sale, i.e. the title showing owner transfer, send it certified to the towing company, so you have proof that you sent it to them. That should be the end of it.

this is a sticky area with the DMV did the dmv tow it or do they hire an outside contractor to tow the car.
in some cases you can give the DMV the car and forgo the bill i would call them and ask to speak with the manager in charge of the yard. You have to be persistent.

Thanx for the replies.
I just found out that I can't find the bill of sale, and I called the DMV. They said that because of a Florida statute, if the Towing company wants to, they can legally put a stop on my license if I don't pay the amount.

Apparently the police had requested the car to be towed.

The DMV also told me that I should have got the bill of sale notorized, so even if I did find it, it would be worthless.

I'm screwed!

I hate to disagree with you, but you should check the laws before you complain about the DMV. OF COURSE it's your responsibility. What happened to the plate that was on it? Didn't you cancel your registration? In Nov many people here might recall that my engine died and my car was towed. I couldn't just leave it there and pray that the problem would go away. You always need to notify Lee County when your plate is transferred or no longer in use. You couldn't have sold the car with your plate still on it right? How about your insurance? You had to notify your insurance company that the VIN no longer belonged to you or your policy wouldn't be valid after 10 days.

Stavros, there's nothing to fight. Anyone can get a signed statement that he sold a car. I'm surprised you'd think that is all you have to do Pac. Forgive me if I'm wrong and you did all those things. If you have documentation that the registration was changed to another vehicle or you turned in the plate and your insurance was canceled or revised, etc., then maybe Lee County messed up.   

Bambini, I thought the title was that too, but according to two different Dmv sources, they said, that' it's still my responsibility to make sure the person registers it in their name.

I told her that it should say something on the back of the title,,,but she said that most people call the dmv for advice before selling the car.

Justxploring, of course I turned in the plate. Do you think I would just let someone drive off with plates in my name? The insurance knows about it too, because I told them I no longer own that car, and that I have the title for the new vehicle, so I can insure it. I'm not the smartest camel in the caravan, but I'm not that stupid...LOL

jsutxploring.....I have no idea what you would have to do to correct this, I was just saying that the best way to stop the additonal fees was to settle it now with the towing company before the charges build up, then deal with the matter later. What you have posted seems logical though.

Oops - sorrry. I didn't see the other comments, since I am working and began posting before they were written. Then I came back to LP.

Anyway, Bambini, I disagree with you. Yes, a bill of sale is proof of purchase, but there are other things involved here. This isn't a piece of furniture. If you sell a piece of property like a home or a car, you can't just sign papers and think that's all there is to it. If you sold your home and the people moved in and then someone got hurt, they could sue you unless you complete all the official paperwork. That includes the deed that is filed and the insurance, etc., etc. If you get hit with the taxes and you didn't do any of this, then tough luck. A car isn't as complicated as real estate, but my question is "Why is the car in Pac's name?" It has absolutely nothing to do with the fact that he sold it. You can give a car to a friend or sell it for a dollar, but you still need to go to the DMV and cancel or transfer your registration and you still need to change the insurance on it. You're lucky he didn't get into an accident with your car and that you only have to pay the towing company, Pac. Sorry, Bambini. Hope I'm not offending anyone here.

OOOps...I just realized that I never turned in the plates, because I was a fraid someone would find it and use it for their own puposes. So I folded it up and kind of crushed it, throwing it in the garbage. But i figured that since I told the insurance company, that i didn't have to turn it in.

You're right Justxploring, I asked the lady at the Dmv what would have happened if the driver killed someone, and left the scene. She said I would have been the primary suspect. WOW! Thank god he didn't do anything worse.

I'm just hoping the towing co. won't put a stop on my license.

Jorli is an attorney. Try pm to her.

Sorry again. My timing is bad. I guess I shouldn't post when I'm doing other things. Pac, if you went to the DMV and canceled your registration, transferred the title, etc., then you are no longer responsible for the vehicle. I have no idea about the title or contract being notorized, although it's easy to find a notary. The agent at State Farm was a notary so I didn't need to look far!   I've done a lot of title work, but I usually trade in a car, so that's where I'm clueless. You might have a case here. I once had a problem with Lee County and sent a registered letter with the documentation and received an apology. They goofed and sent me a notification that my license was being suspended because of an unpaid moving violation. Not only did I pay it right awy, I went to Safe Driver School so I wouldn't get points and the record would be removed (first offense)   I called both Lee County and Tallahassee (that's where the nasty letter came from) and in a short time there was no longer any record of my moving violation, thank goodness.

Pac writes: according to two different Dmv sources, they said, that' it's still my responsibility to make sure the person registers it in their name.

I don't want to "hijack" your blog, Pac. But I doubt if this is true. You just admitted that you never turned in the plates. So you could have taken your plates and put them on a stolen car for all they know. Saying you decided to folding them and tuck them away isn't going to fly in a court of law. I don't know what you mean by you'd worry about them being stolen. If the plates turned in, the registration would be invalid and you'd be off the hook. You also just wrote you don't even have the Bill of Sale.   I still have a bill of sale for the moped I bought in 1997.   Hope I don't sound mean, but the DMV and the police can't just take your word for it.   You could have given your car to someone for drugs, for all they know. (not that you are involved in that sort of thing..just making a point.)

My only way out is to pay it, and try to sell it, so I can get my money back. It was my fault not turning in the plate. I didn't think I had to because the person who I sold it to said he would have it registered. So I didn't bother.

You live and you learn. I'm not so worried about the money, it's the stop on my license that I'm worried about. I just called the towing company and he said that he would put a stop in about 30 days, and that the max amount would be 380 bucks. They can't charge any more than that. I'll just wait until then to pay because I don't have the money. Hopefully by then, I should have it. The DMV still has to send me a letter telling me when they're going to put a stop on mylicense. They can't just put a stop without a notification first. So that'll give me some breathing room.

Or maybe I'll just flee the state right before I have to renew my registration next may....LOL

Justxploring, I didn't mean I was going to use the defense of the plates being crumpled up in the court room, I was just stating that it was my fault for not turning the plate in, thinking that once the new owner regitered it, and then the plate would be null and void, but he didn't so, it was still in my name. It's my fault for trusting that loser.

When I sold my car, I went to the DMV with a copy of the transferred title, and my plates, and they recorded the information.    It sounds to me Pac that you don't have a strong paper trail to dispute the fact that the car was sold.    You really have to cover your ass in any financial transaction.   The positive is that you will be able to cover the cost of the towing etc. when you resell the car again, and this time go to the DMV immediately and transfer ownership.

Justx, The whole reason for asking a second opinion was for that reason. I didn't believe the first source that said that I'm responsible for making sure the other person registers it. I never heard of such a thing and wanted a second opinion, so I called the courthouse in naples, and they confirmed it. She said that I have to either,(like you said) turn in the plate and take my name off the registration, or make sure that at the time of the selling, to personally go into the DMV and witness the transferring of the registration, which I didn;t do. Either one. My fault.

I just wish they made this a little more obvious. Like in big letters on the back of the title, saying WARNING! BEFORE SELLING THIS CAR< CALL YOUR LOCAL DMV< YO SEE WHAT THE LAWS ARE FIRST!

The only paper trail I have is my insurance company. But that trail is as good as yesterday's newspaper...LOL

Sorry you will have this expense, Pac.   We all screw up. I long time ago I trusted someone to do the right thing and got screwed too. It's had a terrible effect on my life for years. I bought a home and I did everything right (so I thought) except I didn't use a real estate attorney. I trusted the title company, the seller, the real estate agent, the inspector, and the mortgage company. But when you look at the list I just typed, they all had something to gain. People lie and cheat when it comes to money, it's sad to say. The VIN on your car is what the insurance company uses, but it's also on your registration. So it needs to be removed from your registration as well. I guess you figured that, once he registered the VIN in his name, there couldn't be 2 records, right? That makes sense. Again, I am sorry you had this problem.

Pac...I just bought a pick-up truck, and it was a requirement to notorize the title!!!! I think by not having your title notorize is where your problem starts!!!

Thanx justxploring,

That's right justx. I trusted him to do the right thing. I was trying to help someone and he let me have it.

That's right gentlespirit. That was one of the problems. The first problem was me not turning in the plate and taking my name off the registration.

Just goes to show that trusting someone is no longer doable in today's age.

Hey Pac...I hear the Soprano's are no longer busy with their TV show. Maybe get one of them to "help" convince your buyer should have registered his car that he bought from you....and that he owes you at LEAST $380!

LOL

Sorry, to hear you had that kind of bad luck. I definitely agree if the State has rules that affect your legal responsibility, they should have them so they can be seen and understood. In MI, I have never turned anything into the State regarding a private sale.   And there might very well be something similar here. Although I never heard of it, nor know anyone that said anything similar.

Truecritic, it would help sending a tony-bag-a doughnuts after him because I just found out from my roommate that he's in some kind of Rehab house. He probably wasn't even driving. One of his crack head friends must have been....lol.

I had no idea he was a crack head. He had most of his teeth when he smiled, so there were no red flags....lol

I meant it wouldn't help..typo..

I just realized something. When the lady at the DMV explained to me...exactly what a "Stop of my license", really meant, she said that when I tried to renew my registration on the current car that I have, next year, they will have a block on it. So it's not like I'm driving on a suspended license if I get stopped or anything....right?

Does anyone know if this assumption is true? what I'm saying is true?

, because she would have said so. But she never mentioned anything other than the preceeding.

I'll just pay the 380 On may 20th 2008......LOL

Well if they all say the car is legaly yours have it towed to your place and sell it. Get it running if its not and sell it for a fishing car for 800 bucks.
You already mentioned that but that was my thought.

Yes Jap69, I was thinking of that, because apparently the u-joint was fixed, and a set of new tires were put on there. It actually runs very well, it's jsut the looks. It's not dented, but it could use a paint job....It's good for getting from point A to point B. I used to cover my face at red lights, because I was embarrased driving it.

But I just realized that I really don't have to worry about the STOP on my license until May, 20th 2008. She said that STOP on my license meant that when I try to renew my registration, that it would have a block on it. She never mention it as if I was driving while under a suspension, so I'm assuming that was the case.

However, having said that, just to make sure, I'll call the DMV tomorrow to make sure that is the case. And not just my interpretation of what she said, and possibly left out.
But I'm pretty sure I'm right about the interpretation, because it was flat out, and in passing. Her demeanor wasn't such that any sort of immediate threat was about to unfold when a stop occurred. That's just the way I saw it. Again...I'm pretty sure I'm right.
We'll see...

WHOOOOOHHHOOOOOOOOOOOOOOO!
I won't have to pay until May 20 2008!!!!!!!

Excellent!!!!     WHOOOOOOHOOOOO!

By then I'll be in California!!!

One good thing came out of this whole financial drama, was that many people are seeing this and hopefully people will be more understanding if they're about to do something similar with a supposed friend, or the brother of the friend I really trusted, which was his sister, my roommate's wife. It's all her fault...LOL

I almost forgot. There is some good news to this. I finally...after 3 and a half weeks, received my refund from Wintrack. The Dan Hudson's one up one down. A check for 129 bucks. Party time....LOL

You never know what's going to turn up in your mailbox (or at your front door!)   I've provided so much personal information to get contracts from people/companies over the past couple of years that I'm surprised my identity hasn't been stolen. Proves that nobody wants to be me.

I know a guy who did this same thing. He bought a vehicle, they signed the title over and wrote up a handwritten signed bill of sale. No Notarization.

He drove the vehicle with his old plates, didn't have insurance and never registered the title. That made him invisible for owning the vehicle until license renewal time.

It broke down and he managed to pull it into a shopping center and he abandoned it (it was a beater).   Who got the towing bill? The original owner.

This is a good blog for all of us to learn from. The notarized bill of sale would be the only defense in this case. Sorry Pac, I think your S.O.L. but look at the bright side, it's a towing bill and not a criminal investigation.

Pac, you strike me as the kind of guy who takes people at their word and don't expect dishonesty because it's not in your game bag. That's an admirable quality. Pay the bill, drop it and keep on truckin'.

^Thanxs Rick......

He'll get paid. On My 20th 2008. When I have to renew my registration....LOL

Sorry that happened to you Pac. When I sold my 1990 Toyota Corolla, I took the person who purchased it - to the DMV and we did all the paperwork there, tag, title, registration, notarization. I remember someone had walked off with the DMV's screwdriver and I had to stand in the parking lot and ask people for one to remove the tag. I loved that car - I drove it for 15 years and it was still rolling.

I learned a hard lesson last year when I loaned money to a forum member who claimed that their mother didn't have food and medicine and that they didn't have money to gamble with. And they abused my kindness and never paid me back. This was someone I had never met and who lived in another state. How stupid was that? This person appeared to be an angel when actually they slithered. It was my fault for being so stupid and she continues to slither around on the forum. So we all make mistakes trying to help other people. But don't let it stop you from helping people.

Good luck with that and pay it. That's what I had to do "chalk it up as a lost" and a hard lesson learned.

I see you got a ton of responses.
I offer this concept up.
Since A) You are still considered the "legal owner", go ahead, pay the fines and have the car towed (or driven if it's driveable) to a local auction house.
B) When the other person tries to place claim, demand full reimbursement of all monies owed AND apply the daily $25 storage fee for each day it has (or would have been) in storage. I doubt this person will be bright enough to come back to you. And if he/she does approach you, they are not going to want to pay the fees.
C) Consult with a local Lawyer that specializes in auto ownership (this is what you should probably do first).
Good Luck

Pac:
   I realize this is a late entry but, since you still legaly own the car, you should just sign the title over to the towing company. Since you no longer have the title, you'll have to apply for a duplicate. In most states, the fee for a duplicate title is only five or ten dollars, and you'll have it within ten days of making your application. Once you've legally transferred title to the towing company, it becomes your friend's problem again.
   Getting attorneys involved in cases like this is fun, but it's also very expensive. By the time you've paid filing fees, court costs and attorney fees, you might end up owing more than you can recover in court.
   Another option is to file the case yourself in Small Claims Court. Filing fees in most states are less than $100 (in Indiana, it's $70) and, unless it's required by statute, it won't matter that you don't have a notarized statement, provided you have other means to prove the sale took place (witness statements, for example, can be very powerful tools to support your version of events).
   Jim