Legal Question in Credit and Debt Law in Nevada
6 year old toil truck bill $2,000.00
Gave my 1970 cadalac to my son 2003 in Las Vegas, Nevada.I moved to Kentucky 2003
No paperwork.
He in turn gave it to a friend, who left it on street 2004.No paper work
Tole truck picked it up and later destroyed it. They now want 2,000.00 from me, for their trouble.
Can I take them to small claim court
as as its been over 6 years and they are calling my home 3 to 4 times a day.
1 Answer from Attorneys
Re: 6 year old toil truck bill $2,000.00
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.
Most states prohibit the transfer of title to motor vehicles without written documentation. This probably means that the car was still registered in your name when it was abandoned on the street in 2004. As owner, you would be legally responsible for the towing and storage charges if the car was legally removed from a city street. Your debt to the towing company would be reduced by the amount of scrap or recovery value received for your car by the towing company.
But, any legal action taken against you by the Las Vegas towing company (assuming that was where your car was towed) would only be "in rem." This means that they could keep the value of the car, but not get a personal judgment against you.
It is doubtful the towing company will come to Kentucky to sue you personally, so the telephone calls you are receiving are basically a bluff.
An attorney can send the towing company a strong letter, directing that they cease and desist bothering you further.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!