[CA] How do I stop debt collectors and tow companies from contacting about a vehicle I no longer own?

Lexi, Chatbot

I understand that dealing with complex situations can be frustrating. Can you briefly describe the nature of your legal issue?

Lexi, Chatbot

What specific outcome are you hoping to achieve from this situation?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your vehicle debt issue.

TJ, Esq.

Hello! My name is TJ, and I'm an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

This is a mess, and I'm sorry your parents are getting dragged into something that has nothing to do with them. That's really frustrating.A couple of things I need to understand better: Did your father's name ever appear on the car's title or registration, or is the debt collector just confusing him with you because you share the same name? And when the tow lot sold the car, do you know if they tried to contact you first, or did they just go ahead and sell it?

TJ, Esq.

Happy to help with this. Here's the thing: your father shouldn't be paying anything because his name was never on the title. The debt collector is basically harassing him based on a name match, which is pretty common and pretty illegal under the Fair Debt Collection Practices Act. The FDCPA prohibits debt collectors from contacting someone they know isn't the debtor, and confusing your father with you when he's not liable crosses that line.

As for the documents, absolutely share them with your father. He needs copies of everything they've sent to him or your parents. Those communications are evidence of the harassment and could be useful if you need to send them a cease and desist letter or file a complaint.

The bigger picture here is that the tow lot in California sold the car without proper notice to you, which may violate California law. California requires tow lots to make reasonable efforts to contact the registered owner before selling a vehicle. Since you never got contacted, that's a problem on their end. The debt they're trying to collect might not even be valid depending on how the sale went down.

Your father's best move right now is to send a written response telling them he's not the person they're looking for and demanding they stop contacting him. Keep it simple and factual. When your father responds to them, is he planning to do that in writing, or has he only been talking to them by phone?

Thanks so much for the details.

TJ, Esq.

Got it, so the debt collector is sending documents directly to your father even though he's not the debtor. That actually makes this easier to address. Here's what's happening and what you can do about it:

The debt collection problem:

Your father has a pretty straightforward defense here. Since his name was never on the vehicle title or registration, he has no legal obligation to pay anything related to that car. The debt collector is pursuing the wrong person, and they're doing it based on nothing more than a name match. Under the Fair Debt Collection Practices Act, debt collectors cannot contact someone they know is not the debtor. When they're sending documents to your father demanding payment for a debt tied to a vehicle he never owned, they're violating federal law. (15 U.S.C. § 1692c)

Your father should respond in writing to every piece of correspondence he receives. He needs to:

1. Send a written letter stating clearly that he is not the person responsible for the debt and that his name was never on the vehicle
2. Include his middle name to distinguish himself from you
3. Demand that they stop contacting him immediately
4. Keep copies of everything for his records
5. Send it via certified mail with return receipt so there's proof he sent it

Once a debt collector receives a written cease and desist demand, they're required by law to stop contacting the debtor (or in this case, the person they're wrongly pursuing). If they keep calling or sending letters after that, they're in violation of the FDCPA and could face penalties. (15 U.S.C. § 1692k)

The tow lot and California law issue:

On your end, there's another problem. California law requires tow lots to make reasonable attempts to contact the registered owner before selling a vehicle. The fact that you received no notice before they sold the car is a violation of California Vehicle Code Section 22851. This means the sale itself may have been improper, and any debt flowing from that sale could be invalid. (CA Veh Code § 22851)

When a tow lot fails to give proper notice, the registered owner can potentially challenge the sale and the resulting debt. The debt collector in Florida is trying to collect on a debt that may have originated from an illegal sale. That's a defense you could raise if they ever try to come after you directly.

What you and your father should do:

1. Your father sends the cease and desist letter right away
2. You should document everything about the car: when you bought it, when you moved to California, when you gave it to your friend, and when you learned it was towed
3. If the debt collector contacts you directly, you also send a cease and desist letter
4. Keep all communications from the debt collector as evidence of their violations
5. If they continue contacting your father after he sends the cease and desist, he can file a complaint with the Consumer Financial Protection Bureau and consider consulting a local attorney about potential damages under the FDCPA.

The fact that they're contacting your father at all is actually working in your favor because it shows they're not even doing basic due diligence to figure out who they're chasing.

Does this cover what you needed to know, or is there something else about how to handle the debt collector or your father's response that I should clarify?

TJ, Esq.

Exactly right on the documentation. Keep everything for yourself as backup. Don't share it with the debt collector unless you absolutely have to. You're building a record in case this escalates.

TJ, Esq.

You're spotting the problem. That letter is claiming your father is the "responsible party" based on a release of liability filed with the DMV naming him as the buyer or transferee. But your father was never on that title. The tow company appears to have filed paperwork falsely identifying him as the new owner to shift liability. That's fraudulent.

I can help you draft a cease and desist letter for your father. The letter won't be on letterhead and is meant for your father to send on his own behalf. If he needs a letter from an attorney on letterhead, he'd need to hire a local attorney. But if you'd like guidance on drafting it, let me know.

TJ, Esq.

You're absolutely right on both counts. California Vehicle Code Section 22851 requires tow yards to wait at least 30 days before selling a vehicle. They sold yours in 24 days, which is a violation. That sale was illegal, and any debt flowing from it is invalid.

Let me know if you want to further discuss this or need anything clarified!