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I did an auto title loan 4 in 2006. Everything was paid off…

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I did an auto title...
I did an auto title loan 4 in 2006. Everything was paid off in 2008. I have tried contacting (phone calls, certified letters) the lienholder for over a year now and they have not responded to my inquires about signing off on my title. I am listed as the leasee on the vehicle. How do i get my car back???
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 1 hour by:
6/19/2010
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 63,751
Experience: Licensed attorney helping individuals and businesses.
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Hello and thank you for your question. can you become current?
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Customer reply replied 8 years ago
As in my registration? That's part of what i'm trying to do. They were supposedly paying the registration and sending me tags but I found out in December it had not been done in several years. Now DMV is telling me that they can't even tell me what the total is that is due until I get a bond against the vehicle or get the lienholder to sign off.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
and you are not able to comply with their requirements?
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Customer reply replied 8 years ago
That depends on the cost of the registration and how much the bond is going to cost. The woman at the counter kept telling us we needed a vehicle bond but couldn't tell us where to go to get one. When we foudn out the tags weren't valid in December they told me to send a certified letter and wait 45 - 60 days for a response and then I could get the title back in my name. At that time, they never told us about needing a bond. We paid the non-op fees and parked it.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
A bond is normally required. Aside from complying with their demand, I do not see a more efficient option.
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Customer reply replied 8 years ago
Where do I get a bond? On one hand they tell me that because I am the leasee I am responsible for the vehicle and in the next breath, they tell me that because I am "just" the leasee I don't have any rights to information without obtaining a bond. How can it be both ways? Either it's my vehicle and i'm responsible or I'm not. What is the difference between a leasee and the vehicle owner?
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
I am going to refer you to a colleague who may be able to give you additional information on this issue.
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Customer reply replied 8 years ago
Thank you.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,955
Experience: Attorney experienced in commercial litigation.
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The problem here is twofold. First, you are dealing with CA DMV, which is by far one of the most incompetent agencies anywhere. Second, if you have paid off the loan, your first action should be suit against the title loan company since once you paid off that loan they were obligated to give you a release AND if they were obligated to pay your registration and have not been doing so then they are liable to you under breach of contract. Thus, your first step is to demand the release from them in writing and if they do not provide it then you need to take the second step and sue them for the damages of breach of contract and for failing to provide the release of lien. As far as the bond, you would need to contact a local bond agency and discuss your options for a bond with them but this would be only if you cannot get results from suing the loan company or to get a release before you sue and if you have to put up the bond before you sue, you would add that cost to the amount of damages you are suing for in the breach of contract for them failing to pay the registration which they agreed to pay.


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Customer reply replied 8 years ago

They were located in San Diego and have since gone out of business, how do I sue them if I can't find them. I am now in Stanislaus County.

Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
You would have to go through the State Attorney General's corporations office to locate the registered agent for service of process. If you cannot locate them through the Attorney General's Office, you would have to file suit and serve them through the attorney general and if they do not respond you would get an order from the court clearing the debt and the title.
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Customer reply replied 8 years ago
Would this be through small claims court?
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
No, because all small claims can award is monetary damages, this would be through the superior court because an order removing the lien is required.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,955
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