Legal Question in Consumer Law in California

Auto Ownership Liability

My boyfriend sold his car to a friend the night before leaving on a 3 month overseas trip. He did not file any paper work with the DMV. While he was away the car had engien trouble and the buyer of the car, abandoned it in an apartment complex that he was not a legal tennant at. Consequently the car was towed and a lien title and notice of auction was sent to my boyfriend. He opted to do nothing to stop the sale of the car, assuming the sale would cover the $400 towing and storage fees noted on the lein title. He has not heard anything more from the towing company, but two months later he received a notice, from a colection agency saying he owed them $1200.

My question is, is he responsible for the debt, or is the buyer responsible?

Should the company have notified him of their inability to sell the car (which I assume is why the bill ended up being $1200) before sending the bill to the collection agency?


Asked on 10/16/02, 7:27 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Auto Ownership Liability

Your boyfriend can try to file a late notice of non-responsibility with the DMV. However, failure to act is going to be harmful. The 1200 may be for strorage. He may also be able to claim that by allowing the lien sale to proceed he is not liable for any of the monies owed.

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Answered on 10/17/02, 9:16 pm


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