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  1. #1
    Join Date
    Feb 2017
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    3

    Default Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    My question involves collection proceedings in the State of: California

    Today I received a call from a debt collector trying to collect on a lien sale.

    On September 21, 2015 I got into an accident and totaled my vehicle. The tow company gave me the option to give them the vehicle in lue of paying for towing fees. I signed the documents they gave me, they took it away, I did a release of liability on the internet, a few weeks later I received a "Notice of Pending Lien Sale for Vehicle Valued $4000 or Less" in the "To Whom It May Concern" I decided to choose option 3 and "Disregard this notice if you no longer own or want this vehicle so I can proceed with the sale. However, if you are the last owner of record, you may be liable for removal and disposition cost and lien not satisfied by sale of the vehicle"

    Well apparently option 3 was a catch 22, about a year and a half later I get called by a debt collector because they were not satisfied with the sale of the vehicle.

    How am I going to come up with $2500? I'm not Tywin Lannister I don't s**t gold, thats about 2 entire months work for me right now.

    I have included a Google Drive PDF of the form the debt collector sent me (redacted to protect my personal information)

    https://drive.google.com/open?id=0Bx...HlvSTJfTkJDYzA

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    I suggest you contact an attorney. Or a financial advisor. Or both.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,597

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    I only see $1370 in costs on that form.

    Where did $3075 come from?

    You might ask.

  4. #4
    Join Date
    Feb 2017
    Posts
    3

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    I've been doing some research, and I've decided to make the debt collector jump through hoops and hassle him as much as humanly possible, make him wish he never called me.

    First I won't acknowledge I owe a debt (I haven't yet, I asked for proof and received the attached document which in my mind still isn't enough proof, it doesn't say that I owe it, nor is there a bill, just arbitrary numbers written on a peice of paper)

    I'll quote the document he sent "Disregaurd this notice if you no longer own or want this vehicle so I can proceed with the sale."

    So basically I'll tell him I don't own a debt.

    As of 9/21/2015 I was no longer the owner of the vehicle, and I submitted a release of liability.

    If he calls again I will tell him not to call me and threaten to submit a complaint to the Consumer Financial Protection Bureau.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,597

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    Quote Quoting vanwazltoff
    View Post
    I've been doing some research, and I've decided to make the debt collector jump through hoops and hassle him as much as humanly possible, make him wish he never called me.
    OK, but that never stops them.

    Quote Quoting vanwazltoff
    View Post
    First I won't acknowledge I owe a debt (I haven't yet, I asked for proof and received the attached document which in my mind still isn't enough proof, it doesn't say that I owe it, nor is there a bill, just arbitrary numbers written on a peice of paper)
    I agree. There has to be some valid documentation of those numbers which they would have to present in court if it ever got there.

    Quote Quoting vanwazltoff
    View Post

    I'll quote the document he sent "Disregaurd this notice if you no longer own or want this vehicle so I can proceed with the sale."

    So basically I'll tell him I don't own a debt.
    But you do owe a debt. You were warned that the sale of the vehicle might cover the costs and that you'd be responsible. That you just allowed the sale to proceed doesn't absolve you of shortfall.

    Towing laws give you that obligation. The best you can do is try to mitigate the amount claimed, but you are going to owe something and that debt will be enforceable.

    Quote Quoting vanwazltoff
    View Post
    As of 9/21/2015 I was no longer the owner of the vehicle, and I submitted a release of liability.
    Doesn't matter. You were the owner at the time of the tow. You incurred the obligation then.

    Quote Quoting vanwazltoff
    View Post

    If he calls again I will tell him not to call me and threaten to submit a complaint to the Consumer Financial Protection Bureau.
    Yeah, like that's going to do anything.

  6. #6
    Join Date
    Feb 2017
    Posts
    3

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    Do you have any useful advice then?

  7. #7
    Join Date
    Mar 2013
    Posts
    17,597

    Default Re: Debt Collector Trying to Collect on a Lien Sale for a Vehicle No I Longer Own

    Quote Quoting vanwazltoff
    View Post
    Do you have any useful advice then?
    Yes.

    Demand documentation of how they arrived at that amount.

    If they can't produce it you have options:

    1 - Tell them to sue if they like and they will have to come up with it in court.

    2 - Offer $870 based on the figures on that form ($1370 less the $500 they apparently got for the car). Make sure you have the cash to back it up and get a settlement agreement in writing.

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