Legal Question in Criminal Law in Wisconsin

car sold and not taken out of my name.

I sold a car to someone shortly after purchasing it. They never registered the car in their name. Then this person was involved in a hit and run accident. I now am held accountable for all the fees and the injured parties expenses. I am also not able to register my current car and my license was suspended due to failure to pay the fines. I no longer have the bill of sale. Is there anything I can do about this?


Asked on 12/10/08, 3:48 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Vehicle Owner Liability for Accident After Car Sold and Not Retitled in Buyer's Name

Unfortunately, this is a very common problem. I always would advise retaining a copy of your title transfer documents as proof that you have sold the car, as well as a bill of sale. Since you lack these documents, however, you should immediately retain a lawyer who does bankruptcy work. A bankruptcy discharge should cancel any such liability and allow you to renew your license and registration. You could have avoided this if you had hired an attorney and fought the initial proceedings to hold you responsible, whether those were through the courts or through DOT financial responsibility proceedings. If you could have proven that the title was transferred, you could have prevailed in both proceedings, even if the buyer failed to register it. However, once a judgment or revocation order are entered, it is extremely difficult to reopen them, and generally cheaper to declare bankruptcy. These online comments are not intended as legal advice or to create any attorney-client relationship between us. Good luck!

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Answered on 12/12/08, 8:15 am


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