Looking for opinions, not legal advice.
Last summer, my BiL gave away an old car (too old to need a title in GA). He was recently informed by the city parking division that the car had been abandoned and racked up $2000+ in parking tickets!
They are looking to my BiL for the money. He cannot locate the bill of “sale”.
Can the city make him pay?
To make things worse, BiL is on probation and is trying to move to Alaska.
So there’s no title involved. Did BiL get anything in writing noting the change of ownership of the vehicle?
He made up a bill of sale for a token $1 (which he didn’t actually collect. the car was a gift to a down-on-his-luck member of my wife’s church). Unfortunately, he cannot locate his copy. We also cannot locate the guy.
IANAL, and all the lawyers I know are Texas lawyers. It seems to me that facing $2000 worth of fines might make it worth his while to spend $100 on a consultation with a lawyer.
My opinion is that absent proof of new owner, BiL is likely to be held responsible.
Especially since this sounds kind of like an excuse "Look, it isn’t my fault, you see I gave the car to Joe and he . . . . "
But also because of a situation my dad had. The DMV (in Kentucky) wanted him to bring the registration on my brothers car up to date before letting him renew the registration on Dad’s car.
(Brother lives in another state. Title had been given to brother. Brother had proper registration in brother’s state. States can be very slow to transmit title information to each other).
Because we know brother, brother was contacted, scanned title, sent title via e-mail, Dad printed it out and eventually persuaded DMV to accept it.
I’m sure there are details I’ve forgotten or gotten wrong. But the take home lesson is, if you no longer wish to be considered legally responsible for a car, make darn sure you’ve got paperwork to prove it.
I am not a lawyer (whew!). My guess on this is that he won’t have to pay-but he will have some serious explaining to do. I certainly would hire a lawyer in this matter. Probably have to take depositions of witnesses, etc. to prove that BiL gave up the car. And next time, get the paperwork done! Be thankful the car didn’t run someone over and cripple them-exposing the owner to medical liability.
BTW, I am surprised a car at any age doesn’t need a title transfer-in fact I strongly doubt it. Cars tend to cause serious financial liabilities (as BiL just found out) and the authorities tend to like to know who to send the bill to.
In Georgia, the age limit used to be 10 years. When they realized that cars were lasting a lot longer than they used to, they upped it to 15 years (to make more money it title fees). After 15 years, a title is not necessary in Georgia, only a bill of sale.
As others have pointed out $2000 makes it worth at least one consultation with an attorney.
Okay, when BiL gave away the car…were others made aware that this was going on? Maybe it was casually mentioned, but it was mentioned.
When the token bill of sale was done…were there others that saw this? Are people available to confirm this?
BTW, Alaska is a beautiful place. I have family there and visit every other year. Best of luck!
When I hear stories like this I feel the horrible urge to demand interstate standards for all things “vehicular”. (Licenses included!)
I agree - get a lawyer.
Ugh! I can’t believe I wrote that - please substitute “national” for “interstate”. :smack:
In the state of Hawaii, there’s a tear-off strip on the Certificate of Title. The seller of a vehicle has 10 days to send this in to the DMV to record the sale. If he fails to do so, and the buyer fails to transfer the title, the seller is legally responsible for the vehicle … and there’s no time limitation.
Without proof of title transfer, BIL is liable.
:smack:
I didn’t mention this because I didn’t know if it was relevant. Yes, there are witnesses. Me and my wife!
Would some sort of sworn statement be helpful? Would the family connection be a hindrance?
Put yourself in the Magistrate’s shoes and reread your last question.
Your BIL’s situation is what made PA prohibit “Open Titles” or those signed by the seller and handed to the buyer. If the buyer fails to apply for proper registration to Harrisburg, the seller is still on the hook. Now both parties must appear before a Notary Public and sign the title, as well as provide proof of identity.
Sorry, but I think BIL is up the proverbial filthy estuary without means of propelling his watercraft. 
The one constant through this thread is that BiL needs a lawyer. I would point out that if he doesn’t demonstrate that he has given up the car-he is STILL liable! If the brakes fail and it rolls over some child-BiL will be liable. Both the liability and the car need to be disposed of as soon as possible.
I sit corrected on the title thing. Surprised though. I guess the authorities figure a bill of sale accomplishes the same thing. Imagine the officers surprise when the driver says there is no title to the request for “title, registration and proof of insurance” at the next traffic stop. (probably not much, cops have seen and heard far more than I can imagine 
)
What about car insurance? If the guy BIL sod the car to had car insurance, wouldn’t that prove some sort of ownership responsibility for the car?
Actually, the cop should only ask for registration, license and proof of insurance (if required) in most states I’m familiar with. I don’t carry my title in my car, and it is generally recommended that you shouldn’t. You should keep it in a safe place like a bank safe deposit box unless you are going to transfer ownership, or have to prove you own the vehicle in a legal proceeding. You don’t want a car thief driving off with the title, too.
Many years ago, Georgia used to be a haven for stolen cars because of the “no titles” thing. IIRC, at that time they didn’t have titles at all - you just made out a bill of sale on all vehicle transfers. There was one other state like this - I can’t remember which one. It’s probably instituted titles also.
I’ve never been asked for registration!
Only license and proof of insurance. I guess the cop could run my tag through the DMV computer to see who it belongs to.