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LawTalk
LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 37639
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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I sold a vehicle in June, 2015. I did not file any transfer

Customer Question

I sold a vehicle in June, 2015. I did not file any transfer of liability or bill of sale at the time of the sale. On November 21, 2015 the vehicle was impounded due to unpaid registration and several tickets. The person I sold the vehicle to is not taking responsibility for the vehicle. At this point, I think I am on the hook for the impound fees, unless the collection agency decides to go after the person I sold the vehicle to because I have his name and address. My question is, do I have a case if I take this person to small claims court? The second questions is, if this person does not come to court to contest the claim, what happens?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  LawTalk replied 1 year ago.

Good afternoon David,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, you as the legal registered owner are on the hook for the tickets and registration. However, you may also sue the buyer for any money that you have to put out for those things as it was the buyer's legal responsibility to pay those in the first place after they bought and took possession of the car you sold.

You may sue in small claims court and if they don't appear to fight the lawsuit, then you will win by default and the court will grant you a money judgment.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
Thank you for your response. If the guy does show up to the court date, the judge will be faced with my word against his. I do not have any proof of the sale from June, 2015. Do I have any case against this guy if he does show up? If not, by suing, I am just hoping for a default win by his absence?
Expert:  LawTalk replied 1 year ago.

Good afternoon,

You gave the guy the title right? Why would he claim that he doesn't own the vehicle? The chances of him doing that are near zero.

You wrote: Do I have any case against this guy if he does show up? Remember, to sue him you must suffer harm. Harm would be you having to pay for tickets or registration. If you sue him those are your money damages. This is a pretty straight forward case and you seem to be overthinking it. You will have a good case.

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

Customer: replied 1 year ago.
I did give this guy the title. Last question, does it cost any money to file a lawsuit?
Customer: replied 1 year ago.
I live in Southern California.
Expert:  LawTalk replied 1 year ago.

Hi David,

Small claims filings will cost you between $30 and $75 in CA depending on how much you are asking to the court to award you. Here is a link to a fee chart: http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424457&_dad=portal

The small claims filing fees are pretty standard throughout CA. You will get your filing fee back as part of your judgment when you win.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug