What to do about my car?

[Ryan Stewart]

Yes me may have defaulted but that doesnt automatically give you ownership, it just makes him liable and nulls the contract.

[Jand3rson]

Yes me may have defaulted but that doesnt automatically give you ownership, it just makes him liable and nulls the contract.

Yeah, I know it doesn't, but it definitely puts the ball in my court.

Well, it seems that things are pointing toward my favor here. I'm going to go talk to the DMV today, and possibly to the courthouse and get some answers for sure. I'll keep you guys posted.

[Ryan Stewart]

Talk to a lawyer if you can for cheap. In this situation you can sue for the ownership in small claims and all you would have to do is make reasonable effort to notify him. If he doesnt show then you get the car. Youd prolly have to have it sent to his address and post in the paper where he moved to.

[brodee]

Have you talked to the post office to see if there is a forwarding address for him? Most likely he filed a change of address with them. Try to get that and visit his house.

I think you're wrong in assuming you have any claim to the car in full just because you can't contact him, but I could be wrong.

[Nate325ic]

I think you're wrong in assuming you have any claim to the car in full just because you can't contact him, but I could be wrong.

:stupid: there really isn't much you'll be able to do, the guy ran off with your $300 and gave you a bum car and no title, do the impound lot thing...if the car has a few peices that you like and want to throw on you next e30 then swipe them before the wrecker comes, if the guy wants his car back he can pay the impound fees. if he wants his money for the car...well he should have kept in contact and not sold you a piece of shit

[325 eta]

Is there a witness' signature on the contract? According to the wording you have legal rights to the car but if it states that he holds the title till the final payment then you could be in trouble.

Yes there is, my wife signed as a witness.

And not if he defaults on the contract. At this point, I am unable to pay him, and more importantly, unable to contact him at all.

The way I understand it is that you needed to have a legal witness. Most banks have people who notarize contracts, to make them legal. I had to sell an old car and I needed to draw up a contract to have some lady at the bank charge me 20 dollars but it made it legal. Not sure about your state . But you might want to have a lawyer look at it .

[Charlie]

Possession is 9/10ths of the law.

Part the bitch out and report it "Stolen", or at least tell him it was if he comes back.

-Charlie

[Jand3rson]

Have you talked to the post office to see if there is a forwarding address for him? Most likely he filed a change of address with them.

Tried that already, nothing. Keep in mind this guy is 18 and lives w/ his parents.

[nando]

Re: What to do about my car?

It's been 7 days now since I was supposed to make the next payment on my car, and the previous owner is nowhere to be found. The only phone number I have is his grandmother's cell, and today when I called she told me that she has no idea where he is, and to stop calling her. She told me almost a week ago that she didn't know where he was either. He apparently moved a few days after he dropped the car off, and I don't have his new address to send his next payment to.

I think tomorrow I will go to the DMV and find out what the statute of limitations is for this situation. After a certain amount of time, does the car become legally mine if we had a written agreement? (which we have) If I want to start parting this car out, I have to have the title in order to have the shell junked. Anyone have any ideas?

I don't know about oregon, but in washington you can file for a lost title, and the written agreement is a legal document (might have to be notorized though, which most banks can do for free). see if there are any lost title laws in your state. as long as there are no liens or collections on the title you should be okay.

[KenC]

I say just hold out for a while. It's not like you can drive it anywhere (no offense intended). I think you have a legitimate excuse for not making payment that would most likely hold up in any municipal court. If he doesn't contact you come the beginning of November (you get your license back in Dec), then I'd start to hunt around for a way to obtain the title. Until then I'd just sit tight. If he really wants the money, he knows how to contact you (doesn't he?). If after 5-6 months you don't hear from him, I would assume that he is trying to avoid you (due to prior knowledge of the entire damage).

[Jand3rson]

I went to the DMV today, and here's what they told me. I need to send him Registered Mail a DMV Bill of Sale and an application for a title to the last known address I have for him. If it doesn't come back within 45 days, I notify the DMV and they will submit it to the capitol for a review. If it comes back to me unopened, I take that to the DMV and they send it to the capitol for review. If either one of those happens, and it goes in for review, they said that I will most likely be awarded ownership of the car and provided with a new title. So we'll try this and see what happens.

Ken, it's not that I want to drive it, I want to tear it down and part it out. The problem is if I do that, I can't have the shell hauled away to the junkyard unless I have the title. And I don't want the stripped shell of an E30 sitting in my driveway for 5-6 months.

*EDIT* I just realized that I think that the lady at the DMV assumed that I had already paid the car off. Guess I have to go back down there tomorrow and re-explain myself.

[Digitalwave]

My question still stands, why are you parting out your dream project thing (or whatever it was called)?

[KenC]

My question still stands, why are you parting out your dream project thing (or whatever it was called)?

Because the car has enough damage to the frame to deem it totalled.

[Digitalwave]

My question still stands, why are you parting out your dream project thing (or whatever it was called)?

Because the car has enough damage to the frame to deem it totalled.

Haha, and I am the one that called frame damage when he had those camber problems. When was this found out? Is there a thread about it?

[nando]

My question still stands, why are you parting out your dream project thing (or whatever it was called)?

Because the car has enough damage to the frame to deem it totalled.

Haha, and I am the one that called frame damage when he had those camber problems. When was this found out? Is there a thread about it?

it was a couple weeks ago, I'm sure the thread is buried by now. I think it was in the original camber problem thread, or a new one soon after.

sounds like it might work out. $300 for a parts car wouldn't be so bad. Considering the condition of the car, I wouldn't be surprised if he didn't have the title to begin with.