Legal Question in Credit and Debt Law in California
I was charged moneys from a tow company that picked up a vehicle that was in my name but i had sold previously. I didnt send a loss of liability to DMV. The car was on private propery, a garage shop called the tow company. Is their anything I can do to not pay the collection company?
1 Answer from Attorneys
You need to immediately file the notice of transfer and release of liability form with DMV. http://www.dmv.ca.gov/forms/reg/reg138.pdf.
You should write the debt collector and tell them you did not own the car and you refuse to pay and to not contact you again. You need to do that within 30 days of receiving the letter from the debt collector.
It is not clear if they could obtain a judgment against you, but the amount is probably so small, they won't try to sue you on it.
If the debt collector is rude or misrepresents anything, you may have your own cause of action against the debt collector for a violation of the Fair Debt Collection Practices Act.
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