Summons to appear in court :O(

TexasDave

TexasDave

Joined
Jul 27, 2008
Messages
50
Age
69
Location
Burleson Texas /Columbia Maryland
Bike
2005 ST1300
STOC #
7625
Friday I received a summons to appear in court via the US mail. It stated I was ticketed for parking in a handicapped parking spot in the City of Richardson Tx. (I live 40 miles south) This is a class C misdemeanor with a $300.00 fine. First thing I thought was one of my children. I called the court and asked them which of my vehicles was ticketed? Turns out it was my 1995 GPZ1100 that was ticketed. The very same bike I sold to my neighbor last Summer after I bought my ST. Turns out he never transferred the title into his name. Heres what makes it worse.. He sold it in February on Craig's List and has no idea the name of the person he sold it to. Just took the money and handed over the title ( in my name ) and motorcycle. I now have to fax a bill of sale , proof that I dropped insurance and luckily I sent an e-mail also to my insurance carrier to cancel the insurance as I had sold it. I have also learned a valuable lesson. Don't trust anyone to transfer a title. Go with the buyer to the sub-courthouse and make sure its done. Now it would seem I am open to any ticket or action caused by the person in possession of the motorcycle.

Any one with legal experience or who has gone through the same experience please feel free to comment.

Dave
 
I take it Texas is one of those states where the tags stay with the vehicle after the sale?

--Mark
 
Dave:
Technically, the vehicle still belongs to YOU! However, good ol' Texas has a form for that.

Contact the county tax assessor-collector’s office or VTR regional office and fill out a Motor Vehicle Transfer Notification form (Form VTR-346) Accompanied by $5.00.

Jim :)
 
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Sorry, Dave.
Here's a more complete answer...and source cited. :D


Taken from the following TX state DOT brochure:

ftp://ftp.dot.state.tx.us/pub/txdot-info...

What if the new owner does not
transfer the title?

Contact the county tax assessor-collector’s
office or VTR regional office and fill out a
Motor Vehicle Transfer Notification form
(Form VTR-346).

Or, write a letter to:

Texas Department of Transportation,
Vehicle Titles and Registration Division,
P.O. Box 13175, Austin, Texas 78711-3175.

The letter must provide the vehicle description
(year, make, vehicle identification number), date
of sale, and the buyer’s name and address. The
fee for this service is $5.00. Checks or money
orders should be made payable to TxDOT.
 
The key is to completely fill out the title assignment. Apparently you signed it, and gave him the title blank. If the odometer reading wasn't entered, you made a serious violation on that point. I'm guessing you left everything blank, because that's the only way it could be re-assigned again without being titled to the guy you sold it to. Make a photocopy of the completed documents, and as the seller you're ok.

Obviously I have experience with these things...
 
Texican Jim said:
Dave:
Technically, the vehicle still belongs to YOU! However, good ol' Texas has a form for that.

Contact the county tax assessor-collector?s office or VTR regional office and fill out a Motor Vehicle Transfer Notification form (Form VTR-346) Accompanied by $5.00.

Jim :)
Click to expand...


If it belongs to you, report it stolen and get it back for free! I guess that's worth paying the fine. :D:D
 
CarSalesman said:
The key is to completely fill out the title assignment. Apparently you signed it, and gave him the title blank. If the odometer reading wasn't entered, you made a serious violation on that point. I'm guessing you left everything blank, because that's the only way it could be re-assigned again without being titled to the guy you sold it to. Make a photocopy of the completed documents, and as the seller you're ok.

Obviously I have experience with these things...
Click to expand...

Hi Don- You are correct, however I did fill out the date and mileage tho.. FWIW :O)
 
Texican Jim said:
... The
fee for this service is $5.00. Checks or money
orders should be made payable to TxDOT.
Click to expand...

That fee is no longer necessary. Your check will be returned to you. Every time I sell a bike, I drop the form in the mail as soon as the new owner rides off. I know of at least one instance where that might have saved me from making a similar court appearance.
 
Towjam said:
That fee is no longer necessary. Your check will be returned to you. Every time I sell a bike, I drop the form in the mail as soon as the new owner rides off. I know of at least one instance where that might have saved me from making a similar court appearance.
Click to expand...

Thanks ~ I appreciate the information. I have one printed and will send off tomorrow. I don't have the title # though, Is that a problem? I wonder if I can get the DMV to give me a photo copy of the title to get the info from??
 
not sure about texas law but in tennessee the holder of an open title has committed a crime....not the seller who handed over the title. also, a buyer has a duty to take the title to the county clerk immediately and have a new title issued along with registration in his own name (and pay sales tax) as long as the seller makes sure that the title is filled out as a part of the transaction he has no problem. not sure if your case involves an "open title" or one that is not open but just never taken to the authorities for reissuance etc.
 
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He did say he would cover the fine if all else fails..

I'll bet he will, considering HE'S the one who's liable for a fine for failing to transfer the title!


That fee is no longer necessary. Your check will be returned to you. Every time I sell a bike, I drop the form in the mail as soon as the new owner rides off. I know of at least one instance where that might have saved me from making a similar court appearance.

Thanks to TowJam! Make's my day to know Texas can also make fees go away. Viva Texas! (Hey! Five bucks is five bucks!)

:bow1:
 
TexasDave said:
... I don't have the title # though, Is that a problem? I wonder if I can get the DMV to give me a photo copy of the title to get the info from??
Click to expand...

My *guess* is that you'll need the title number. Call me jaded but I wouldn't count on someone at the DOT taking the initiative to look that up and fill it in for you. However, you should be able to get a copy of the title - although I've never had to do that so I don't know the process.
 
I'm amazed that any state allows the tag to stay with the vehicle. Everywhere I've lived, if you sell a vehicle you're supposed to turn in the tag (or transfer it to a new vehicle you own) and the buyer has to get his own.

I once let a buyer drive off with my tag, and a promise to mail it back. Ended up costing me $400 in parking tickets. Never will I let a vehicle go with a tag on it again.
 
Here in the land of L.A. I was stupid enough to get burned twice with that. Once by a private party buyer of a cage, and once by a charity I to which I donated a cage.

Lesson re-learned: CA has a form to fill out declaring one no longer has ownership or any interest in a vehicle. Once that is done, no jurisdiction should come after you for a parking ticket.

Having said that, however, the Glendale CA underprivileged children charity to whom I gave a cage left it on the street 3 times without ever having registered it, and I had to mail my proof of non-ownership to 3 different police departments.

I also sent letters to that charity each time complaining about it but got no reply.
 
Yeah, Gonzo, in CA the form is part of the title. As you're signing off the title you tear off the transfer form and fill it in and mail it yourself. I remember I did get asked years ago about a truck I had sold to some hippysurferdude and he had abandoned it alongside the road somewhere. I told 'em I had sold it and they basically said, "Yeah, we know." No sweat.
 
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