Abandoned vehicle

[heightsgirl]

What is the name of your state? NY

I'm not sure if this belongs here, but I didn't find a place where I felt like it actually fit in...so here it goes:

In January of '07 one of my husband's soldiers was PCSing to Alaska. He asked my husband if he could leave his 2nd car at our house while he made arrangements to sell it. My husband said that was okay. At the time, the car wasn't even paid off, and actually, I'm not sure if it is now or not.

Fast forward to now. This car is still sitting at my house. Whomever he was going to sell it to backed out of the deal last year. I have made several attempts to contact him (phone and email) and get no response. My husband deployed in Aug of last year so he's not in a position to handle this. I did get a phone call in December from the guy stating that he would be back on leave in February to pick up the car. Never heard from him again. It's not a bad car, but it's now been sitting at my house for 1.5 years. I don't want it there. I want the car GONE.

I have been told that I could file an abandoned vehicle report with the police, but don't know if that's legal for me to do since when the original agreement was made to leave the car there, there was no time line set.

I just want to know what, if anything, I can do.

TIA

 

[CraigFL]

This is one of those "bailment" situations where you said you would be responsible for his property. In order to get out of this situation, you're going to have to legally notify him that it must be moved by a certain date -- phone or email will not be acceptable. You need to use some kind of mail/delivery service that will give you a return receipt to prove he has been notified. After that, you can call the tow truck if he doesn't get it...

 

[heightsgirl]

Is there a minimum amount of time that I am required to give them?

I had emailed them telling them NLT June, but knowing that I have to send a registered letter now, do I say the NLT July EOM? Is that enough notice?

 

[Zigner]

Is the solider currently deployed?

 

[xylene]

At the time, the car wasn't even paid off, and actually, I'm not sure if it is now or not.

IF the car is not paid off and not being paid for it might be repossessed.

Now you could be helpful in regards to that by keep the car location a secret...
You certainly wouldn't want an authorized lien holder to take their property back.

 

[heightsgirl]

No, he's not currently deployed. Most likely though, he has an upcoming deployment and I certainly don't want to have to keep the car for another 12-15 months as a result of a deployment!!!

We live in a semi-rural area. I make a point of moving my husband's truck every 2-3 days so that appears that he's still there. Don't know if it works or not, but that's what I do. Then, I've got this car, that won't even start now, sitting in our 2nd driveway. Which, it was sitting there before my husband left, so I try to say it doesn't matter! I have had a few people stop at my house and ask if we were selling the car. I tell them I would LOVE to, but unfortunately I can't!

 

[heightsgirl]

IF the car is not paid off and not being paid for it might be repossessed.

Now you could be helpful in regards to that by keep the car location a secret...
You certainly wouldn't want an authorized lien holder to take their property back.

How can I find out if there is an outstanding lien? Is this public record?

Thanks everyone!

 

[heightsgirl]

Finally got the address

I finally got this guys mailing address, not an easy feat. I did find out that he is expected to deploy in Sept/Oct time frame, so I know I have to get this ball rolling.

Can anyone give me any advice as how to word this letter? Or is there somewhere I may find a form letter similar to what I am needing? I'd like to get it typed up and mailed out NLT than Monday.

I appreciate all the advice that has been given thus far.

ETA: My husband found out through another soldier that the vehicle has been paid off. Apparently he took out a personal loan sometime last year to pay the lein off to make it easier for him to sell the car. In lieu of this new info, can I tell him either he signs the car over to us or removes the vehicle from our property by such and such a date or the vehicle will be reported as abandoned? I really don't know how this would work.

 

[BL]

Consult with a local attorney for a small fee .

Some attorneys are even willing to type up and send a letter on your behalf on their legal letterhead .