What do you legal types think?

[IluvKingLouis]

A lady I know recently divorced her nice-guy husband upon losing 75 pds, and rushed into a relationship with a guy who seemed a bit shady. Well that relationship fell apart after 4 months, but upon moving out (yes he moved in with her), he left an old car (worthless) in her driveway.

He locked it, took the keys, and removed the tags. Police say they can't do anything about it since it's on private property. I don't think she can even have it hauled away to a junk yard without a title. Now I'm thinking it could be stolen given this guys moral character.

Just curious what a person can do? Any thoughts? He's long gone, moved several states away.

 

[JR6ooo4]

pay to have it towed to the curb. then it is a police matter. ie abondonned vehicle.

pay the tow truck cash.

Mikeeee

 

[IluvKingLouis]

Thanks....that's a good idea!

 

[Disney Doll]

Get a couple of people to push it out to the street.

 

[JR6ooo4]

Get a couple of people to push it out to the street.

no keys... to unlock the door or steering wheel.


I think you will need to explain fully why you want a car with no plates towed 50 feet. but some company should understand and help you out.

Mikeeee

 

[LadyZolt]

List it on Craig's List as "free to good home" and someone will come and tow it for you.

 

[IluvKingLouis]

List it on Craig's List as "free to good home" and someone will come and tow it for you.

I think she has considered that, but she has no title. It could be stolen. If she gives it away, she would be complacent in moving stolen property. I really think she needs to ask the police what her options are.

 

[The Mystery Machine]

Ask the police to run the VIN to see if it is stolen.

 

[legalsea]

I imagine the police decline involvement since the car was originally on the lady's property with her consent. It is the old curse of the 'invitee' becoming an uwanted guest.

I have no idea of what the law is in the state where the car is located (or even what state we are talking about). However, I would venture to advise that the afflicted lady publish an ad in the newspaper (if the town she lives in has a 'legal' newspaper, then that will do).

The ad would be addressed to the gentleman by name, along with the address of the vehicle. The ad will then state that said gentleman has so many days (10 or so, to be safe) to remove said vehicle from the driveway, or the car will be disposed of at the sole discretion of the property owner, and with no liability attaching to said property owner.

At the expiration of the time limit, assuming the gentleman does not appear, the property owner is then, in my opinion, legally able to have the car towed off to the junkyard.

One source may be the local justice of the peace or small claims court. Sometimes those judges are very open to have a brief yet unofficial conversation about what do to in such situations. The JP may well have better advise than what I can grant.

 

[diesel]

I believe the junkyard would not accept that car without a title.

 

[IluvKingLouis]

LegalSea,

Thank you so much for your input. This situation is in Texas, said "gentleman" has since moved to AZ....no idea to what town/city (though this gal may know).

I like the idea of notice of publication. Makes sense. Would you have cops first run the VIN to make sure it isn't stolen?

 

[legalsea]

Ah, then we are dealing with the Texas Transportation code. I shall give you two citations for free:

683.002. ABANDONED MOTOR VEHICLE. (a) For the purposes
of this chapter, a motor vehicle is abandoned if the motor vehicle:
(1) is inoperable, is more than five years old, and has
been left unattended on public property for more than 48 hours;
(2) has remained illegally on public property for more
than 48 hours;
(3) has remained on private property without the
consent of the owner or person in charge of the property for more
than 48 hours; (4) has been left unattended on the right-of-way of a
designated county, state, or federal highway for more than 48
hours;
(5) has been left unattended for more than 24 hours on
the right-of-way of a turnpike project constructed and maintained
by the Texas Turnpike Authority division of the Texas Department of
Transportation or a controlled access highway; or
(6) is considered an abandoned motor vehicle under
Section 644.153(r).
(b) In this section, "controlled access highway" has the
meaning assigned by Section 541.302.


§ 683.011. AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE INTO
CUSTODY. (a) A law enforcement agency may take into custody an
abandoned motor vehicle, watercraft, or outboard motor found on
public or private property.
(b) A law enforcement agency may use agency personnel,
equipment, and facilities or contract for other personnel,
equipment, and facilities to remove, preserve, store, send notice
regarding, and dispose of an abandoned motor vehicle, watercraft,
or outboard motor taken into custody by the agency under this
subchapter.

 

[sbell111]

Just call a wrecker service and ask them if they handle abandoned vehicles.

 

[IluvKingLouis]

LegalSea....Thank You!

As a student I have access to Westlaw, I should have thought to look up TX transportation code...duh! I kept thinking this was a property law situation.