Legal Question in Bankruptcy in Connecticut
Obtaining title to abandoned car
My mechanic has had an abandoned car on his lot for well over a year. The owner skipped town and owes him over $2500. A title search was completed through the DMV and the current title holder is a bank. They will not release the title because the owner of the car skipped out on over $5000 still owed on the car loan. The bank says they need to keep the title in case they catch the guy. They also will not give any money to the mechanic for the repairs. According to the bank, I can supercede the title being held by the bank if we run a title search, as well as other activies, and then referred me to a laywer. I've tried to get a laywer to help with this, but no luck so far.
I'd like to secure title for the mechanic so that he can sell it and get his money back.
Thank you!!
1 Answer from Attorneys
Re: Obtaining title to abandoned car
The garage has a lien under Connecticut General Statutes 49-61 (Artificer's Lien) Basically, your friend should contact the Department of Motor Vehicles, there is probably a form to use. The statute says that he needs to send a notice to the Department of Motor Vehicles and they send a notice to the Lien Holder. After 3 months from the date of completion of the work, the garage may then auction the vehicle. The repair bill gets paid first, then anything left over goes to the lien holder. The method of advertising is contained within the statute and motor vehicles should be contacted as to the title and sales procedure.
Joel Grafstein, Esq.