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I have a vehicle from utah on my property it belonged to my…

Customer Question
I have a vehicle...

I have a vehicle from utah on my property it belonged to my brother who passed away he didnt transferr the title and the person that owns it refuses to go to the dmv to release it she said she already did but the dmv says she didnt can i put a lein on it

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

California

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

Ive tried to put a lien on it here dmv said it wasnt registered in calif so i couldnt

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

My brother bought it from my other brother in utah and paid it off the car lot sent the title to my sister in law so they said she says she doesnt have it she says she doesnt want anything to do with it but i cant do anything with the vehicle everyone abandane the vehicle after the funeral i paid storage on it to my brothers land lord and then brought it to my place

Submitted: 5 months ago.Category: Legal
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Customer reply replied 5 months ago
It's a 96 chevy suburban
Answered in 16 minutes by:
11/21/2017
Lawyer: Bill Attorney, Lawyer replied 5 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,038
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Dear Customer ,

Thank You for posting your legal question today. If the vehicle has been abandoned on your property. You need to contact the city/ law enforcement to have the abandoned vehicle removed from your property.

This is set out in city legislative code:

"

9.40.070 Authority of contractor to remove abandoned vehicles.

When the city has contracted with or granted a franchise to any person or persons pursuant to subdivision (a) of Vehicle Code Section 22710, such person or persons may remove a vehicle or parts thereof from a highway or may enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof, after a determination and authorization by a peace officer or vehicle abatement officer that the vehicle is abandoned. (Authority: Vehicle Code Section 22669.) [Ord. 1880 N.S. § 2, 1993]."

Likewise a police officer has ability to remove a vehicle int he follow situations:

"

22651.

A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:

(a) When a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.

(b) When a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.

(c) When a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.

(d) When a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.

(e) When a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.

(f) When a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.

(g) When the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.

(h) (1) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody."

Either way you can bill the owner for removal and storage costs.

You should contact the vehicle abatement officer of the DMV for the removal of the vehicle.

"

9.40.140 Abandoned vehicles on public or private property excluding a highway.

Upon discovery, on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, or transmission, or wheels, or tires, or doors, or windshield, or other major part or equipment necessary to operate safely on the highway, the vehicle abatement officer, or his or her designee, shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section.

(a) Notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given in writing at least 10 days before such abatement and removal, unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. A notice of intention is not required for removal of a vehicle or part thereof inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than $200.00 by a person specified in California Vehicle Code Section 22855, and is determined to be a public nuisance presenting immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under California Vehicle Code Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to this chapter, the vehicle abatement officer shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in California Vehicle Code Section 22662, final disposition may proceed.

Neither the city nor its contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. (Authority: Vehicle Code Section 22661(c).)

(b) Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for such denial, in lieu of appearing. If it is determined at the hearing the vehicle was placed on the land without consent of the landowner and he or she has not acquiesced in its presence, the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner. (Authority: Vehicle Code Section 22661(g).)"

Please follow up with me if you require additional information.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

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SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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Customer reply replied 5 months ago
I want to sell it ir drive it
Customer reply replied 5 months ago
My brother died he didn't abandon it we had to move it off the property he was renting
Customer reply replied 5 months ago
Your answer doesn't make sense
Lawyer: Bill Attorney, Lawyer replied 5 months ago

You would need to comply with the statute and give notice to the owner of their abandonment.

You would then need to contact the abatement officer for a hearing on abandonment, that would then legally allow you sell the vehicle.

"

9.40.240 Enforcement.

(a) Unlawful to Abandon or Store – Exception. It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property not including highways within the city for a period in excess of 30 days, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

(b) Unlawful to Fail or Refuse to Remove. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.

(c) No person shall abandon a vehicle upon any highway. Any violation of this section constitutes an infraction. (Authority: Vehicle Code Section 22523.)

(d) Every person who parks or leaves a vehicle on a highway for 72 consecutive hours or more is guilty of an infraction. (Authority: Vehicle Code Section 22651(k).)

(e) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. Any violation of this section constitutes a misdemeanor. (Authority: Vehicle Code Section 22523.)

(f) Any person convicted of a violation of this section shall be billed as set forth in PGMC 9.40.110 and 9.40.120.

(g) Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. Proof may consist of a police report or other evidence acceptable to the court. (Authority: Vehicle Code Section 22523.)

(h) Violations of any provision of this chapter may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 21, 2008; Ord. 1880 N.S. § 2, 1993]."

"

9.40.160 Removal – Hearing procedure.

(a) All hearings under this chapter shall be before the vehicle abatement officer or his or her designee, who shall hear all relevant facts and testimony. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The vehicle abatement officer, or his or her designee, shall not be limited by the technical rules of evidence. The owner of land on which the vehicle is located or his or her written designee may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial.

(b) The vehicle abatement officer, or his or her designee, may impose such conditions and take such other appropriate action as he or she is authorized under the California Vehicle Code under the circumstances to carry out the purpose of this chapter. Any such action may delay the time for removal of the vehicle or part thereof, if the circumstances justify it. At the conclusion of the hearing, the vehicle abatement officer, or his or her designee, may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site."

If there is no owner, you need to file a small estate affidavit with the probate court to acquire ownership.

Otherwise you contact the owner using the above procedures as I outlined.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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Customer reply replied 5 months ago
The owners sold the vehicle to my brother we couldn't find the bill of sale they don't want to help me transfer it
Customer reply replied 5 months ago
Can I put a lien on it to the utah dmv
Lawyer: Bill Attorney, Lawyer replied 5 months ago

Well, as I indicated if it was your brother's when he passed, the car can be claimed through small estate affidavit.

https://www.utcourts.gov/resources/forms/probate/affidavit_vehicle.pdf

Ownership can only be resolved through the UTAH DMV; you either transfer from your brother using the affidavit above or contact the owners as registered with the DMV in Utah.

This can involve an abandonment administrative proceeding or a civil case for title.

'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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Customer reply replied 5 months ago
Ok thanks
Lawyer: Bill Attorney, Lawyer replied 5 months ago

Your welcome,

Please take the time to leave some positive feedback.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

Ask Your Own Legal Question
Customer reply replied 5 months ago
Not sure if you understand the situation but I'll try to use what you gave me thank you
Lawyer: Bill Attorney, Lawyer replied 5 months ago

As I indicated you need ti contact the abatement office int he DMV. Thereafter , you could claim for storage and or towing by filing a lien with the DMV.

This is done through the DMV and by contacting the owners in record.

Then you could proceed with a lien sale.

PER DMV caliofrnia:

"if the vehicle's value is $4,000 or less, the registered and legal owners of record will be notified by the party conducting the lien. If the vehicle's value is greater than $4,000, DMV notifies all interested parties. You can call (916)–657–7617 between the hours of 8 a.m. and 5 p.m. if you have questions regarding lien sales."

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before your exit today.

Thank You

Attorney Bill

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