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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I sold a truck to a friend. I lost contact with her. I tried

Resolved Question:

I sold a truck to a friend. I lost contact with her. I tried to contact her to make sure she got it into her name. She never responded and never got it in her name. A couple years later I find out she used it in a crime. She was arrested. The truck was impounded. She never got it out. My name was never taken off of it. I had moved since all that. The towing company sent me letters I never got. It went to collections which I just now found out about when checking my credit.

1. How do I make sure I am no longer liable for the truck? The towing company claims it was junked out.
2. How do I get it off my credit report?
3. Will I be any better off paying collections for it than I would be if I didn't?
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.
What a mess!

For future reference, it is the seller's responsibility to make sure that the title of the vehicle passes to the buyer upon sale of the vehicle.

The tow company had to send you legal notice of their claim to junk out the truck. They are only legally entitled to do this after they obtained a transfer of title through the storage yard lien statute in Illinois. To confirm this happened, you should check to see who has title to the vehicle at present by checking the VIN with the Secretary of State's office.

Because you never made sure that the title was transferred, the car remained legally yours. Thus, you would be liable to any third-party, such as a storage yard or tow truck company, that has performed services in connection with the truck.

That being said, the tow truck company could have messed up the "junking" of the truck by failing to send proper notices regarding their intent to take title to the car. You are also entitled to dispute the amount that the debt collector is seeking from you based on the fact that the debt collector does not have proper documentation of the debt. That documentation would include any credit which is due to you for the money that the tow truck company got by "junking' the truck.

You should immediately dispute the claim on your credit report. This is one way to start the ball rolling. Also, dispute the claim with the billing agency and demand the documentation.

In the end, they may have the proper documentation and may have sent the proper notices. If so, then you would be liable to pay the tow and storage bill due.

Payment of the collections at the amount demanded should clear your credit report.

In the end, it is the girl's fault. Of course, you can sue her for the damages that have resulted.

Please let me know if you need further information.

Best of Luck,
Zachary D. Norris
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