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View Full Version : abandoned truck - What would you do?


mow king
06-01-2011, 03:48 PM
http://i181.photobucket.com/albums/x226/BMFEQUIP/DSCF0601.jpg

I know this is slightly off-topic but I figured someone here might have encountered a similar situation.

I sold a old volvo semi tractor on ebay back in January.

It took about a month but he came and paid for the truck, took the title and said he'd be back that week to pick it up. It's now been ~5 months.

I've sent numerous emails, his phone number is now out of service, and a certified letter I sent bounced back.

I know he was Mexican and planning on bringing the truck to Mexico.

From checking with the dmv - The truck is still titled in my name.

What would you do? I could just go and apply for a lost title and re-sell the truck but I don't want any legal problems or this guy showing up with smith and Wesson.

Per Ohio Law I could apply for a abandoned vehicle title after 15 days, but it's technically still titled in my name so I'd be sending a certified letter to myself?

Any past experiences, tips would be appreciated.

scagfreek
06-01-2011, 04:07 PM
apply for a title and if you have a use for it keep it that is if you have the keys if you have a use for it keep it

Skidsteerman
06-01-2011, 05:13 PM
So... how much for the truck now? No seriously?

mow king
06-01-2011, 10:02 PM
So... how much for the truck now? No seriously?

If I get a title for it - honestly $2000. It's been sitting for 6 months, battery's are dead, etc.

I still have the keys.

bearmtnmartin
06-02-2011, 12:16 AM
I have a friend who had the same problem. He sold a batch concrete plant to a guy who paid in full, and asked if he could store it there for a month. A year later after not being able to track the buyer down, he sold it on Ebay for a second time.

Darryl G
06-02-2011, 12:28 AM
Personally I'd call my attorney.

93turbo
06-02-2011, 12:50 AM
I would see what the laws are cause even though its still in your name its not yours since he has the title and its been notorized over to him. I wouldn't file for a lost title because its not lost and if he shows up with the original title notorized you could be in some trouble. I do know that there is a law regaurding abandoned vehicles on your property if you do certain things then you can get another title legally but you should do your homework first

tenndigger
06-02-2011, 10:12 AM
If the guy said that he would return in a month to get the truck then you gave him that time. After the month I think you could charge storage for the truck being there. Legally the truck may not be yours to sell again since he has already paid you for the truck. You may have to file a mechanic's lein against the truck for the storage expenses. After a period of time you can sell the truck to recover your expenses. If you sell it for more than the expenses then legally he has rights to the excess.

mow king
06-02-2011, 11:10 AM
Per Ohio law a vehicle is abandoned after 15 days, i have to send a certified letter to the "registered owner" per the BMV...well when they look up the registered owner it's me.

93turbo
06-02-2011, 12:50 PM
Like I said yours is a special case I would atleast ask the bmv maybe theres a time limit on how long a person has to get a title transfered before its voided IDK. But any how its still titled to you but theres a title out there saying you signed it over to them. complicated

whosedog
06-02-2011, 02:52 PM
Resell it then if he shows up reimburse him minus storage fees.If you don't mind me asking is it to old to run in the US? mean if you wanted to run as an Owner Operater ,would any company accept that equipment? I have 2 son's with class A's and I'm curious.

Mark Oomkes
06-02-2011, 02:55 PM
Per Ohio law a vehicle is abandoned after 15 days, i have to send a certified letter to the "registered owner" per the BMV...well when they look up the registered owner it's me.

So do this, keep your records and if he shows up, tough bananas.

You followed the law.

mow king
06-02-2011, 04:12 PM
Resell it then if he shows up reimburse him minus storage fees.If you don't mind me asking is it to old to run in the US? mean if you wanted to run as an Owner Operater ,would any company accept that equipment? I have 2 son's with class A's and I'm curious.

Most larger outfits require a truck to be 10 years or newer.

Although there are many company's that will let you haul with anything.

This truck is in rough shape, it'd make a good farm truck or local truck. I wouldn't drive it OTR though.

Darryl G
06-02-2011, 09:47 PM
Guess I don't know much about big rigs because it looks good to me!

whosedog
06-03-2011, 12:43 AM
Guess I don't know much about big rigs because it looks good to me!

Unless the trucking outfit is self insured, insurance companies determine that 10 year old trucks are not allowed.I would love to buy a truck for my son's but the costs of running on your own are astronomical,with rising fuel cost and cut throat competition many owner ops are just getting by,especially with Mexican companies now allowed to run here(and you thought just landscapers had it bad).The trucking industry is over regulated and getting worse and new laws being passed just recently.
What milage is on that truck and what year is it?

Will P.C.
06-03-2011, 01:15 AM
i believe the issue is more complicated than just sending a certified letter to yourself. He probably has a receipt/invoice/proof of payment as well. However, I highly doubt he is coming back. Maybe ICE got him??

Anyway, what did that truck sale for? I feel it is worth talking to a lawyer especially since you have the potential to sale it again. If you lived in GA, I would be able to help you.

gammon landscaping
06-05-2011, 03:16 AM
call the local towing company to remove it. they will and will send you a letter to pick it up. you will toss this in file thirteen. they will crush it to recop there money. you are free and clear and so are they.