Now the B.S. begins

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dustermaniac

dustermaniac

Senior Member
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Location
Modesto, CA
SO for those following the thread on my stolen vehicles, I have an update. This is getting very frustrating for me because I feel that I'm going to lose my vehicle and there is nothing I can do to prevent this from happening. The sheriff in North Carolina has informed me since the Duster was titled in my late wife's name that I cannot get the car back without jumping through some very big hoops. First he has told me since my wife did not leave a will that the car is considered by North Carolina law to be 1/2 mine and 1/2 my stepdaughters car. (Which she has no rights to in my eyes) and I need to file paperwork with the county courthouse to try to be named executor of her estate. Dee never left a will and even though she bought me the car in 2000 for my Birthday present for the first two years the car was titled in my name but in 2002 when we were still living in Massachusetts, we were going through some rough financial times and I was considering selling the car to help out financially. She wrote a bill of sale at that time and signed my name to it while I was working and went to the Mass DMV and had the cars ownership transferred into her name. She NEVER wanted me to sell the car no matter how rough we were going financially. The car remained in her name when we left Mass for NC in 2006. The vehicle was registered in NC until I took it off the road to work on it in 2014. The detective has informed me that my stepdaughter sold the car without a title and the person who purchased the car paid $6000 for it. So now as it sits the car is in North Carolina and I am being told the person who purchased the car can file a mechanics lien on the title and charge me for storage on the car. I do not know what to do. I feel the car is going to be taken from me. This is the only thing I had left from my wife that had any meaning to me and I trusted in my stepdaughter to take care of the vehicle until I could get it shipped to California. Well I got screwed as usual. And now I am not sure I can afford to get the car back and even if I eventually do get it returned to me, I have no where to store it. It can not be driven and I do not have the funds to ship it out to the west coast, I just am overwhelmed in this whole thing and frustrated because the detective is being a complete asshole to me and has not even charged my stepdaughter with the theft of any of these vehicles despite the overwhelming evidence he claims he has against her and her old boyfriend. I have no contact with my stepdaughter and the detective has threatened me if I try to contact her, he will end the investigation and drop the whole thing. Meanwhile he has been talking to my stepdaughter who is lying to him stating I have contacted her and she supposedly has "recordings" of me speaking to her on the phone. I have not contacted her and she is lying to the detective and the detective is being a complete asshole to me. I am the victim here and I feel as though I have no rights in this entire matter. This is very upsetting and frustrating. I honestly do not know what to do. I do not have the funds to get a lawyer to represent me in this matter and I feel like I am going to lose the only thing I have left that was of considerable meaning that ties me to my late wife.
 
Let it go. There are other cars. You have only one you. It's not worth aging yourself more than you already are worrying over it. Cut it loose and let it go.
 
Navigating the justice system (Ha) can be tricky. If you're going to fight this, lawyer up. It is hard for a regular guy to figure this stuff out. If that's not an option, do what RRR said. Sad, but that may be the best option.
 
RustyRatRod said:
Let it go. There are other cars. You have only one you. It's not worth aging yourself more than you already are worrying over it. Cut it loose and let it go.
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It is very hard to let go. My wife loved the car and we had so many memories together through the years with the times we spent traveling in the car. It is so heartbreaking for me to let it go.
 
Man that sucks. I'm sorry for your hardships. But I agree with RRR! It's time to cut your losses and let it go. There is no point in stressing and taking from the quality of your life stressing about a car your probably not gonna get back. Is there any way you could start looking for another car?
 
So even if the NC detective all of a sudden sees the pentastar light and says "you're right, i was believing the wrong people, the case is closed, come get your car" , you don't have the funds to transport a non-running project vehicle 3000 miles to where you are....and you said you have no place to store it. Sounds like you need to swallow hard and let it go. If/when you do have the funds and the space, pick up another one without the drama this one has tied to it and clone it in your late wife's honor.
 
dustermaniac said:
It is very hard to let go. My wife loved the car and we had so many memories together through the years with the times we spent traveling in the car. It is so heartbreaking for me to let it go.
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I understand, but she would not want you torturing yourself over it either. Think about that.
 
dustermaniac said:
I could look but my wallet is empty.
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Sounds to me like legally, at the very least your stepdaughter owes you 3k if you don't get your car back.
I'd be calling my local DA's office and file a complaint that you don't feel the case is being handled correctly as admitted by the current officer. (not following through on holding her responsible for selling a mutually owned asset.)
That was their own words, right?

Also as far as I see it, you having to pay fees to a guy that illegally bought the illegally sold car is not appropriate.
In a just world your stepdaughter and the buyer both should have to put the car back where it was and in the condition you say it was.
Otherwise restitution should be paid for any damage to your personal property.

Yea, I'd be making noise higher up for sure.

Oh screw it, I'll represent you for free.:D

Sorry about your predicament.
Sometimes family sucks.
 
Go see the car one last time and give it a viking funeral.

Send it to heaven for your late wife to drive...
 
I am sad to hear this. Perhaps there is a legal aid service near you that can take the case pro-bono and help you get through this.

The current holder of the vehicle cannot title it without your signature based on what you have said...and that is leverage. Based on it being part owned by you and your step daughter, they are stuck unless you sign it over.

The buyer can file a mechanics lien but he cannot title it without a signature.

He’s just as screwed as you are...and that makes for a level playing field.
 
well if ya get it back, maybe a member here could hold on to it till you figure shipping and storage! im above greenboro 30 minutes and plenty of room to park it if ya need!
 
Seems to me that the buyer (the guy that currently has the car but can't register the car or get a title) needs to contact the police and make a fraud complaint against your stepdaughter. He, too, is a victim here. Call a round and see if there is a legal aid group in NC that could assist in this matter.
 
If you got the car back, wouldn't you think of your stepdaughter when driving it?
The car probably has bad juju now.
I assume your wife loved you and her daughter.
You know more about the situation than anyone.
Ask yourself what your wife would want you to do.
And move on.
 
MMRJR said:
Seems to me that the buyer (the guy that currently has the car but can't register the car or get a title) needs to contact the police and make a fraud complaint against your stepdaughter. He, too, is a victim here. Call a round and see if there is a legal aid group in NC that could assist in this matter.
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Ehhh, I think he was kinda asking for it, I mean he did buy a car without a title.
 
This is a tough situation.
There is no easy answer. If you give up, they win.
If you persist, than maybe you get car back.
If you get it back,from what you describe,theres no funds to do anything with it.

Most logical? Maybe not.
Stepdaughter coughs up 3 grand, you help new buyer with title and move on. New buyer must be stressed out too. Also a victim,cops are on his side,hence the suggestion of garage keeper’s lien.
But owner must have a business in order to file a lien,as well as proof you agreed to store it.

Under same act,you can likely force him to sell it for storage cost and give you the balance.
Thats how it works, based on fair market value.

Edit:
That cop is an asshat,for even suggesting you pay storage on a car that was stolen.
 
Me, I would fly to NC, have the nice gentleman (dirty white boy) load it on the car trailer, store it at his place after you pay the storage fees to the man that is holding YOUR car hostage.....keep the car.
 
I would pursue filing charges on the truck first.I am assuming it was in your name.Get her knee deep in legal problems and negotiate with the duster.
 
It is not in my personality to let things go. I would contact this detective's supervisor or Chief of Police or County Sheriff regarding the detective's attitude and threats to close the case. If not satisfied here, I would then contact the county DA's office, then the state attorney General's office for assistance, if necessary. This could all be done by phone, and doesn't cost anything except a bunch of time and frustration. Don't let a public servant threaten you or force you to do something that you don't agree with. Sounds like this detective is trying to make this thing go away so he doesn't have to do any more work. Don't quit and don't give up. There's always something else you can do.
 
Tooljunkie said:
This is a tough situation.
There is no easy answer. If you give up, they win.
If you persist, than maybe you get car back.
If you get it back,from what you describe,theres no funds to do anything with it.

Most logical? Maybe not.
Stepdaughter coughs up 3 grand, you help new buyer with title and move on. New buyer must be stressed out too. Also a victim,cops are on his side,hence the suggestion of garage keeper’s lien.
But owner must have a business in order to file a lien,as well as proof you agreed to store it.

Under same act,you can likely force him to sell it for storage cost and give you the balance.
Thats how it works, based on fair market value.

Edit:
That cop is an asshat,for even suggesting you pay storage on a car that was stolen.
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agree, the cop part don`t sound right-------he may be getting a little on the side !Go over his head! or fagetaboutit !
 
Well it looks like this was all caused by your wife forging your name. Well intended but not exactly legal.

Even if you get the car back you are possibly out storage fees and don’t have the money to get it out to you or even work on it to get it driving.

My advice. And You aren’t gonna like it.

Time to put the big boy pants on and forget about the stupid car and get on with your life.


.
 
Cope said:
Go see the car one last time and give it a viking funeral.

Send it to heaven for your late wife to drive...
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I like this the best! If you can't drive it nobody will!
Edit: maybe starting a poll will help you decide? Two votes Viking funeral!
 
Most of my life I've been single.I had a wife that taught me to cover myself and now I'm married again after being single for many years.I still protect myself.
 
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