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abandoned truck - What would you do?

Discussion in 'Heavy Equipment & Pavement' started by mow king, Jun 1, 2011.

  1. mow king

    mow king LawnSite Senior Member
    Messages: 571


    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.
  2. scagfreek

    scagfreek LawnSite Member
    Messages: 138

    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
  3. Skidsteerman

    Skidsteerman LawnSite Senior Member
    Messages: 415

    So... how much for the truck now? No seriously?
  4. mow king

    mow king LawnSite Senior Member
    Messages: 571

    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.
  5. bearmtnmartin

    bearmtnmartin LawnSite Senior Member
    Messages: 342

    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.
  6. Darryl G

    Darryl G Inactive
    Messages: 9,500

    Personally I'd call my attorney.
  7. 93turbo

    93turbo LawnSite Senior Member
    Messages: 481

    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
  8. tenndigger

    tenndigger LawnSite Member
    Messages: 54

    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.
  9. mow king

    mow king LawnSite Senior Member
    Messages: 571

    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.
  10. 93turbo

    93turbo LawnSite Senior Member
    Messages: 481

    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

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