Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 8 months ago
It's a 96 chevy suburban
Answered in 16 minutes by:
11/21/2017
Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,614
Experience: Attorney
Verified

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.

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 8 months ago
I want to sell it ir drive it
Customer reply replied 8 months ago
My brother died he didn't abandon it we had to move it off the property he was renting
Customer reply replied 8 months ago
Your answer doesn't make sense
Lawyer: Bill Attorney, Lawyer replied 8 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

Ask Your Own Legal Question
Customer reply replied 8 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 8 months ago
Can I put a lien on it to the utah dmv
Lawyer: Bill Attorney, Lawyer replied 8 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

Ask Your Own Legal Question
Customer reply replied 8 months ago
Ok thanks
Lawyer: Bill Attorney, Lawyer replied 7 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 7 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 7 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

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 2,614
2,614 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Our mother past away July 5th, left myself and my two
Our mother past away July 5th, left myself and my two brothers with no instructions, my mother lived with me and my significant, when going through her things I learned Life insurance had lapse...when… read more
Ray
Ray
Lawyer
Doctoral Degree
33,336 satisfied customers
Several years ago my bos asked if i would be interested in
several years ago my bos asked if i would be interested in driving a company van that i drove o work and personal business for 1500 i agreed i didnt have the money to purchase it so i gave $50 to hold… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
hello~ my name is XXXXX XXXXX Feb.20 2012 i went to Russ Darrow
hello~ my name is XXXXX XXXXX Feb.20 2012 i went to Russ Darrow Kia to purchase a vehicle. They did get me finaced for one but there is a problem they had to use my boyfriends income. So.. I asked the… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
i need help on a civil case i want to file on my exhusband
i need help on a civil case i want to file on my exhusband and his wife for false arrest slander milicious inten to do mental harm my son died in the army two days before deployed to iraq first they w… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was awarded my truck in divorce court. My ex mother in law
I was awarded my truck in divorce court. My ex mother in law was the lein holder on the title. I have been to the DMV multipal times trying to get the title. I have sent registered letters asking for … read more
socrateaser
socrateaser
1,031 satisfied customers
I sold a car but the new owner nevar filed for new title and
I sold a car but the new owner nevar filed for new title and now there is a lein against my other car. How do dispute it at the clerk of courts ? Is it a traffic court issue or with small claims or wh… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
i was taken off my moms POA , my brother and a friend of hers
i was taken off my moms POA , my brother and a friend of hers is now POA. my brother and i always had shared this. now he blocks me from getting any info,he also makes decisions without warning, for e… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am the general manager of a car business and I think there
I am the general manager of a car business and I think there are some extremely illegal things going on around me. I have a lotr of examples but one that sticks out is this. My dad has a 25000 floorpl… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My company has been storing an RV Trailer since December 09.
My company has been storing an RV Trailer since December '09. A notice was sent to the lein holder by the bankruptcy court in December that the titled owner of the vehicle filed a Chapter 7 Bankruptcy… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
i sold my car on a contract, i got a down payment of 2300 and
i sold my car on a contract, i got a down payment of 2300 and the guy owed me 700 and never paid me by the due date on the contract and he never put the title in his name with me as the lein holder. t… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
I purchased a car from a person, when I went to pick up the
I purchased a car from a person, when I went to pick up the car, he said that since he had just purchased the vehicle and titled it in his name the title had not come back from NC DMV. I gave him part… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
we sold an acerage with the understanding we would get a old
we sold an acerage with the understanding we would get a old car out of a building when possible. when we stopped by the lady said her husband was having back problems and couldnt deal with it. we sai… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I sold a vehicle to my brother in 1999, we filled out the release
I sold a vehicle to my brother in 1999, we filled out the release of liability form. He later abandoned the vehicle, and it was towed and put in storage. I am now in collections for the fees. What can… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my ford ranger just got repoed, long story as short as possible...
my ford ranger just got repoed, long story as short as possible... i tried to get a loan for the truck , for 2 months i had the truck after putting 1500 down , they couldnt find any one to take me on.… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I bought a vehicle in Nov. 07 from a private party with a dealers
I bought a vehicle in Nov. 07 from a private party with a dealers license who got the vehicle and title from another party in exchange for mechanical services that couldnt be paid in cash. I didnt try… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
in jan 2008 i purchased a used vehicle in oklahoma. the place
in jan 2008 i purchased a used vehicle in oklahoma. the place i bought it is suing me for indebtedness . on the summons it does not state anywhere anything about returning the vehicle. the title on th… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers
I BOUGHT A USED CAR AND IT SHOWED CHECK MOTOR AFTER 2DAYS ...
I BOUGHT A USED CAR AND IT SHOWED CHECK MOTOR AFTER 2DAYS THE SELLER SAID HE COULDNT FIX IT. SO I TOLD HIM I DIDNT WANT THE CAR I HAVE HAD IT FOR 14 DAYS. HE SAID HE WASNT GOING TO REFUND MY MONEY CAU… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
I have a vehicle financed that i did not make payments ...
I have a vehicle financed that i did not make payments on for over 4 years and it was never taken. Bought and registered in texas but live in Lousiana. Recently filled Bankruptcy and the debt was disc… read more
truthfinder
truthfinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x