[IN] [IN] I sold a car and the title wasn’t transferred. Now unpaid tickets are affecting my credit. What do I do?
Based on your situation, here are a few key points that can help:
-
Transfer of Ownership:
In both Indiana and Kentucky, it’s the seller’s responsibility to notify the DMV about the vehicle sale (Indiana Code § 9-17-2). This usually involves submitting a notice of sale or release of liability form to protect yourself from future liability. -
Liability for Towed Vehicles:
If the title wasn’t officially transferred, you may still be the legal owner and liable for fees (Indiana Code § 9-17-2). However, a witness or notarized sale can help prove you're no longer responsible. -
Consumer Protection Laws:
Both states have laws that protect sellers when buyers fail to transfer titles. These laws could support your case.
Here are the steps I recommend:
-
Notify the BMV:
Submit a notice of sale form to the Indiana BMV if you haven’t done so already. This will release you from future liability. -
Gather Evidence:
Collect anything that supports your story—emails, texts, or a statement from the notary. -
Contact the Buyer:
Ask them to transfer the title. Explain that this issue is affecting your credit. -
Contact the Towing Company:
Provide them with any documentation proving you no longer own the car. Ask them to pursue the charges with the current owner. -
Consult a Lawyer:
If the issue persists, speak with a local consumer protection attorney. -
Monitor Your Credit:
Check your credit report regularly and dispute any inaccuracies related to this incident.
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Indiana Bill of Sale
Full Conversation
I sold a car to someone two years ago. He didn’t change it into his name, and it was towed. Now they’re coming after me to pay the bill, and I think my credit is being affected. I contacted the tow company and sent them an email saying it’s no longer my car and I don’t want it, but I don’t think that will resolve the issue. What do I need to do?
Lexi, Chatbot
I understand the situation with the car not being transferred to the buyer's name is causing issues. Have you tried contacting the Department of Motor Vehicles (DMV) to inform them of the sale and transfer of ownership?
When I paid my vehicle taxes and tags last year, I notified them that the car was no longer mine. I did that in Indiana. He lives in Louisville. Do I need to go to Louisville?
Lexi, Chatbot
Have you kept a copy of the bill of sale or any documentation showing that you sold the car to the buyer two years ago?
No, but I have a witness—actually the notary for the sale.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Nothing really. He was a work colleague.
James
Hi there! I'm James Daloisio, a consumer protection law expert. I'm here to help you navigate this car sale issue. Have you received any official communication from the towing company or any other entity regarding the bill or your credit situation? What specific steps have you taken so far to resolve this issue with the towing company or the buyer? Are you aware of any local laws in Indiana or Kentucky that might affect your liability in this situation?
I’m in Indiana.
James
Based on your situation, here are a few key points that can help:
-
Transfer of Ownership:
In both Indiana and Kentucky, it’s the seller’s responsibility to notify the DMV about the vehicle sale (Indiana Code § 9-17-2). This usually involves submitting a notice of sale or release of liability form to protect yourself from future liability. -
Liability for Towed Vehicles:
If the title wasn’t officially transferred, you may still be the legal owner and liable for fees (Indiana Code § 9-17-2). However, a witness or notarized sale can help prove you're no longer responsible. -
Consumer Protection Laws:
Both states have laws that protect sellers when buyers fail to transfer titles. These laws could support your case.
Here are the steps I recommend:
-
Notify the BMV:
Submit a notice of sale form to the Indiana BMV if you haven’t done so already. This will release you from future liability. -
Gather Evidence:
Collect anything that supports your story—emails, texts, or a statement from the notary. -
Contact the Buyer:
Ask them to transfer the title. Explain that this issue is affecting your credit. -
Contact the Towing Company:
Provide them with any documentation proving you no longer own the car. Ask them to pursue the charges with the current owner. -
Consult a Lawyer:
If the issue persists, speak with a local consumer protection attorney. -
Monitor Your Credit:
Check your credit report regularly and dispute any inaccuracies related to this incident.
Do I need to go to the BMV and sign something or what? The towing company is trying to get me to pay for the towing cost.
James
Yes, you can go in person to the BMV to complete the notice of sale. That should help establish that you are no longer responsible for the car. Thanks for using AskaLawyer.
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