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Ticket issued after car had been sold - collection agency harassment


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#1 meep11

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Posted 03 December 2012 - 08:30 AM

We owned a car that we traded in to a local dealership for another car in November of 2009. A few months later we got a collection notice for a parking ticket that was issued in January of 2010, after we no longer owned the car. I called the number on the notice and they told me I would have to provide proof that we no longer owned the car as of that date.

I contacted the dealership, who agreed to send the requested information. Now, approximately every 90 days, I'm getting increasingly more insistent notes demanding that we pay the ticket ($90). I have tried talking to them but it is useless--they keep insisting that they never received the information (I have asked the dealership to send it twice more--they have been very cooperative). At this point I think the collection agency is just lying about not receiving the information.

The ticket was issued in Santa Clara County, CA, and the collection agency is in Newport Beach, so going there isn't really an option.

I don't know what else I can do at this point. I can keep having the dealership send copies of the information, but if they're going to keep insisting they never received it, it's our word against theirs. They also refuse to accept anything they have to sign for.

Thanks for any advice! This whole thing is really starting to annoy me, not to mention that I'm sure it's not doing anything good for our credit score.

#2 adjusterjack

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Posted 03 December 2012 - 05:41 PM

You are going to have to pick up the documents from the dealer and hand carry them to the collection agency no matter how inconvenient it's going to be.

Otherwise nothing changes.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 03 December 2012 - 10:06 PM

I called the number on the notice and they [sic] told me I would have to provide proof that we no longer owned the car as of that date.


Perfectly reasonable.


I contacted the dealership, who agreed to send the requested information.


I have to infer from this that you didn't keep a copy of the contract by which you sold the vehicle. Correct? What about the Notice of Transfer and Release of Liability form you filed with the DMV within five days after the sale? See http://dmv.ca.gov/vr...info.htm#BM2520.


Now, approximately every 90 days, I'm getting increasingly more insistent notes demanding that we pay the ticket ($90). I have tried talking to them but it is useless--they keep insisting that they never received the information (I have asked the dealership to send it twice more--they have been very cooperative). At this point I think the collection agency is just lying about not receiving the information.


Your post does not suggest any reason to believe this as opposed to believing that the dealer didn't send the information to the collection agency. Why not get the information yourself (either from the dealer or from the DMV) and send it to the collector?


The ticket was issued in Santa Clara County, CA, and the collection agency is in Newport Beach, so going there isn't really an option.


Not really sure what you're talking about here. The appropriate venue for any legal action arising out of the ticket would be Santa Clara County.


They also refuse to accept anything they have to sign for.


How many things have you sent the collector for which it has "refuse[d] to accept"? In other words, is this just something someone at the collector told you that you are assuming is true? Are you aware that you can send things by private delivery services where you can get confirmation of delivery without the delivery requiring a signature?

#4 Guest_FindLaw_Amir_*

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Posted 21 December 2012 - 01:03 PM

Has the collection agency received such documentation showing ownership status?




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