How to Go About Getting a Title for an Impounded Car

[AJJ]

My question involves a traffic citation from the state of: Kentucky

Okay, some may know that my father owes me over 5k from reading my last posts. Over a year and a half ago he gave me a camaro he towed in as a "gift" except he never gave me the title for it. I got it around the end of April. It's been sitting on my property ever since April 2011, I really would like to get the title to this car so I could sell it and try to take away some of the debt he owes me, because at this point I'm realizing I'll never see the money most likely. So anything I can get back would be helpful.

So basically, I went down to the county clerks office and the lady was really snobby with me, I told her the car has been on my land for over a year and 3 months and my dad has it since November or December 2010. I don't think my dad is trying to get the title if that is even possible since it is on my land? My father no longer owns the towing company but we're still stuck with two cars with no titles. One he has and one I have ( the camaro )

I told the lady at the clerks office my situation and she was like "people leave cars on the side of the interstate all the time, does it mean you can claim them?" I told her MA'AM this has been on my property for over a year now, come on. She said I can't help you, call a lawyer, next! So I did, and he told me to call the district judge, I did and they said that the district judge has nothing to do with that and she didn't understand why the lawyer told me to call there and she told me to call another lawyer.

So basically I am being run in circles, I don't know where to go or what to do. I need this title so I can sell it. I got tired of waiting for the title, the battery has now died and the car hasn't been started in months, two tires are also flat now. So I would really like to get this title so I can get these tires changed, and get some money that he owes me.

Also I'd like to mention, I did try to find the owner, I called his insurance agency and they said he only paid one months insurance and ditched them but they gave me the number they had for him, I then got his address at the clerks office and went there only to find out he had been evicted over a year ago because he was according to the landlord a bad guy into drugs and didn't pay rent and only caused trouble. I have done everything I can think of to find this guy, facebook, phone book, everything. My guess is he is either in jail or moved out of the area.

So can someone please advise me how I can get this title so I can finally do something with this car rather than have it rot?

Thanks everybody, I do appreciate it.

[PTPD22]

Ok, I haven't read your other posts. So, I'm gonna try to summarize what I think you are saying and is relevant.

Your father owned a tow company and left an impounded car on your property. Your father verbally gave you the car but there is no documentation of that. The tow company is now out of business and you have no means to contact your father. You now want to get the title so you can sell the car. Is all that correct?

If so, here are the problems I see. First, did your father (who you paint in a pretty disreputable light) acquire the car legally? Since he left it on your property, rather than an established tow yard, I'm wondering if the owner of the car was provided with the proper legal avenues to reclaim the car! You might want to check with the local police department to make sure the car isn't reported stolen!

Provided there are no issues regarding the first point, you will need to apply for the title as an abandoned vehicle. That is a cumbersome process that varies in the specific procedure from state to state and I cannot tell you what the procedure is for KY. If your father already obtained a title, you will have to show documentation that you have made a good faith effort to contact him. You will need to find out how to show that documentation from the KY DMV (or whatever KY calls it). If he didn't, then you will need to make a good faith effort to contact the titled owner. So, the next step is going to be contacting the DMV and finding out who the owner is!

After that, it is going to be a lengthy but likely fairly straightforward process. The DMV should be able to provide you with all the requisite paperwork.

[AJJ]

My father and I are still in contact, the title is in someone else's name. My father said he sent him two certified letters and that he never responded. I don't know what all is true or not. My father does not have the title, it belongs to someone else, I can not find the owner at all, like I mentioned, facebook, phonebooks, I went to his old address and knocked on the door and the guy told me that he doesn't live here, I called the owner of the house where he rented and he said he was trouble and he had to evict him and has no idea where he is now, wouldn't be surprised if he was in jail.

I do want to get the title so I can sell the car and so it won't get worse that I can't sell it and have to junk it out. If it sits for a year or two more it will have to be junked most likely.

I will call the police to see if it is reported stolen, if not, I will call the DMV and see what I can do. I know Kentucky laws on abandoned vehicles are not detailed and it is hard to find anyone who actually knows what they're talking about it seems like when it comes to abandoned vehicles.

What kind of information can I prove that I looked for the guy in good faith? would going to his old residence count and contacting his last landlord? and what about contacting his insurance agency that he insured the camaro through? I did that and got his number and it was disconnected. I have done everything I can think of, it's like the guy doesn't even exist. Now my biggest worry is to just get the title in my name so I can recoup some of the money.

Anymore advice would be helpful, any at all, especially if pertaining to Kentucky laws. thanks.

[PTPD22]

What kind of information can I prove that I looked for the guy in good faith? would going to his old residence count and contacting his last landlord? and what about contacting his insurance agency that he insured the camaro through? I did that and got his number and it was disconnected. I have done everything I can think of, it's like the guy doesn't even exist.

I'm not doubting that you have made reasonable effort to contact the owner (although I originally was mistakenly combining references to your father and the owner...thinking statements about the owner were referring to your father). The issue for you is what kind of documentation of your efforts the DMV is going to want. I do not know what the KY DMV will accept as evidence of your efforts. You will have to ask the DMV.

[AJJ]

I have went down to the County clerks office many times as they are the ones who deal with everything car related around here and they told me not to even try as I was not going to get it most likely. She said she saw one guy get a title from Frankfort and it was because of a mistake Frankfort made. But I don't see how having someones car on my property alone for over a year isn't enough to just put a claim on the title. I understand if we were talking about a Lamborghini or something over 20k, but a car that I might be lucky to get 2.5k...? It's just sitting here and by the day it looks worse. It seems there is nothing I can do but to watch this car go down without getting a title for it, then it'll be my responsibility to have it towed off? I plan on moving soon. Is there nothing I can do at all?

[AJJ]

I have an update, I found out I can sue the guy in local court for storing his car. All I have to do is take him to a small claims court, when he doesn't show up the car should be mine.

Do I need the original title to do this though? I lost it somewhere, but I still have the VIN number, if not I will file for a lost title and let it go on from there. But I hope I can get a title for this car, I am tired of having it sit here.

I called one lawyer and he told me that all I had to do was file in small claims court, the judge will decide whether to put the car in your name or not, or have the owner of the car come and pay you off for sitting on your property so long. That's all the details he gave me. Thanks