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I sold a automobile 7 months ago and the car has not been…

Customer Question
I sold a automobile...

I sold a automobile 7 months ago and the car has not been taken out of my name. I am receiving toll road bills from dallas. I do not know the womans name.

Lawyer's Assistant: What state is this in? And how old is the car?

Texas 98 Nissan pathfinder

Lawyer's Assistant: Has anything been filed or reported?

No I went to the tax office and was given a form, but like I said I do not know her name. Had to have it to file the form with the state

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am receiving toll road bills from Dallas, it is a 100 miles away. The lady at the tax office tol me she would probly wait until febuary when the tags run out to do anything

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
9/17/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Did you do a bill of sale or any other type of documentation regarding the sale?

How did she pay you?

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Customer reply replied 8 months ago
No sir she had cash I had a clear title.. She paid me and I signed the title. This was in the late evening. The next mourning I dropped the insurance on the Nissan and purchased a Scion HB. I am a 62 yr old on 50 percent disability with the V.A getting 12,900 a year. I talked to a police officer and he told me this was a civil matter.
Lawyer: Dwayne B., Attorney replied 8 months ago

There are some things you can do but it is going to be very difficult if you don't know her name. You could file what is known as a declaratory judgment action and ask the court to force her to change the name on the paperwork but you have to know what name to change it to.

You could sue to repossess the car even though it has been paid in full based on the theory the contract has not been completed until the transfer has taken place. But again, you really have to know their name.

In theory, you can sue the buyer as a Jane Doe which is the name you use in Texas when you don't know their name. You would also sue the Toll Authority and have the court enter an order that Jane Doe owns the automobile and has since a certain date and that you are not responsible for any tolls or charges associated with the vehicle after that date. Since you don't know the person's name this last option appears to be the best although normally it would not. Once the court has established that you do not own the vehicle and that the Toll company can no longer place charges on you they may seek to arrest the woman for driving the car unlawfully. At this point those are your only three real options.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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