Failure to transfer vehicle/ notice of abandonment

[New_to_the_law]

What is the name of your state? Michigan

Earlier this year, early June I sold a vehical and today I received a "notice of abandoned vehicle/vessel" from the Michigan State Police. I contacted the gentleman I sold the vehicle to and he is claiming with no uncertainty that the vehicle was transfered into his name. First if I am correct in thinking, this must be untrue or I would of not received this notice. I do have screen shots of him claiming ownership of the vehicle and of him admitting he abandoned the vehicle. If for some reason the other party and I cannot reach an agreement on who will assume any financial burden, what is my recourse if I have any at all. Could the be settled with civil litigation. A few other details, I do not have a bill of sale, my brother made the sale for me due to my work schedule and he failed provide/aquire one. The only only leg I have to stand on is the saved text message conversation with the other party where he admits to signing the title and abandoning the vehicle.

Thank you for your time. Any advice would be appreciated. I've avoided the court system my whole life until now and I am completely lost. Thank you again.
-A.N.

Short version
-Are text messages admissible in small claims court.
-Are the text messages I have,(in your opinion) a strong enough leg to stand on.
-With experience in this field what would you recommend the best approach to settling this outside of court.

 

[quincy]

Check on the title.

Emails and texts can be used as evidence in small claims. You might need more authentication than a "he sent these" statement if the fellow denies sending them.

 

[PayrollHRGuy]

The will be admissible right up to the point that the sender says he didn't send the texts.

 

[New_to_the_law]

The will be admissible right up to the point that the sender says he didn't send the texts.

Might be a stupid question, but might there a difference between a standard text message and a message on facebook messenger?

 

[Zigner]

I sold a travel trailer in 2015 and in mid 2017 I received such a notice from a nearby city. When I contacted the person I sold it to, he was adamant that he had transferred the title, but he had then sold the trailer. It turns out that the next guy didn't properly transfer the title. When I contacted the police department that issued the notice to me, the officer explained that they send it to whomever they find that *might* even have some sort of interest in the vehicle. He further confirmed that the DMV records were clear that I didn't own the trailer and that I had no liability in this matter.

Moral of the story? Call the Michigan State Police and ask why you received the notice.

 

[quincy]

Michigan Rules of Evidence:

https://courts.michigan.gov/Courts/...ules/Documents/Michigan Rules of Evidence.pdf

 

[New_to_the_law]

I sold a travel trailer in 2015 and in mid 2017 I received such a notice from a nearby city. When I contacted the person I sold it to, he was adamant that he had transferred the title, but he had then sold the trailer. It turns out that the next guy didn't properly transfer the title. When I contacted the police department that issued the notice to me, the officer explained that they send it to whomever they find that *might* even have some sort of interest in the vehicle. He further confirmed that the DMV records were clear that I didn't own the trailer and that I had no liability in this matter.

Moral of the story? Call the Michigan State Police and ask why you received the notice.

Thank you that is the plan I didn't get home until after the MSP and court offices where closed. I will be calling first thing in the morning

 

[New_to_the_law]

Michigan Rules of Evidence:

https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan%20Rules%20of%20Evidence.pdf

This link is not working for me. On a earlier post you said something about may needing more authentication, how would one go about getting that?

 

[quincy]

This link is not working for me. On a earlier post you said something about may needing more authentication, how would one go about getting that?

The link should work now. For some reason this site is not liking the links I post that have "%" in them.

 

[quincy]

Here is a link to Michigan's transfer of title law: http://legislature.mi.gov/doc.aspx?mcl-257-240

 

[New_to_the_law]

Here is a link to Michigan's transfer of title law: http://legislature.mi.gov/doc.aspx?mcl-257-240

Well after reading this it seems to be I'm out of luck, but would this statute be held up in a civil suit as well?

 

[quincy]

You can be held responsible for any charges if the title was not transferred properly out of your name and into the name of the buyer. You should first check the title.

You potentially can turn around and sue the buyer of your vehicle to recover your costs.

 

[New_to_the_law]

You can be held responsible for any charges if the title was not transferred properly out of your name and into the name of the buyer. You should first check the title.

You potentially can turn around and sue the buyer of your vehicle to recover your costs.

Thank you Quincy, you and everyone else on this board have been incredibly helpful.

 

[quincy]

You're welcome, New_to_the_Law. We thank you for the thanks.

I hope you are able to resolve everything with the buyer without having to file a lawsuit.

Good luck.

 

[justalayman]

For future use

From the MI SOS office

Seller's Responsibilities - Selling a Vehicle

When selling your vehicle, accompany the purchaser of the vehicle to a secretary of state branch office to assure the title is transferred into your purchaser's name. If you cannot do this, maintain a record of the sale for not less than 18 months. A "record of the sale" can be either a photocopy of the reassigned title or a form or document that includes the year, make, vehicle identification number, name, address, driver license number, and signature of the person to whom the vehicle is sold and the purchase price and date of sale of the vehicle.