Expert: Creditwrench - 5/12/2009

Question
QUESTION: Hello - I have a car that has been in storage for years, there is a lien on the title. It was bought back in 1998, and the last payment made was in 1999, leaving around $1000 balance. This past year I have been trying to get ahold of the lienholder (small car lot that has since gone out of business). I even did google searches on his name, found nothing. I just want to be rid of this car, I don't care who takes it, but no one will buy it or even junk it with a lien. What do I do? And if I get ahold of him, can he sue me for more? I am in Oklahoma

ANSWER: I'd put in for a storage title. If a storage title application don't work then put in for a mechanic's lien. One or the other should get the job done. If you put in for a storage title and the lien holder don't object then you should get the title with no problem. You say you just want to get rid of the car so another way is to just drive or tow it out on the street somewhere and let it sit. Take the plates off the car and scrape the safety sticker off the windshield and make sure there are no scraps of paper or anything that would give your current address in the vehicle and just leave it for the cops to haul off. That will get rid of it with no problems. Take the battery out and maybe even let the air out of one or more of the tires. Leave the keys in the car and at least one window open. That way the cops will spot it much quicker.



---------- FOLLOW-UP ----------

QUESTION: Thank you! But what if I am the one on the title? It's in my name, with a lein from that car lot that's out of business. How am I able to put a storage lein on it if it's my car?  And can he sue me 11 years later, since it involves collateral? I don't know the law well at all.....

Answer
I'd say that the best possible answer would be to let the cops have it. That would cost nothing while trying to get a lien on it would cost money even if you could do it. You probably wouldn't be able to sell it for enough money to pay the costs anyway. Yes, you could be sued even 11 years later but that isn't likely to happen. If it did you could put in a sol defense and that would make it go away.