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Has anyone ever done this??

Discussion in 'The Hokey Ass Message Board' started by Knucklehead29, Jun 20, 2009.

  1. Salty
    Joined: Jul 24, 2006
    Posts: 2,258

    Salty
    Member
    from Florida

    ding ding ding ding!!!!!

    Winner winner chicken dinner!

    Your right, but it can't hurt....gives ya an idea at least...
     
  2. Kustom7777
    Joined: Mar 3, 2001
    Posts: 5,188

    Kustom7777
    Member
    from Austin, TX

    why even take the chance? doesn't seem worth the risk in my opinion,,, i try my best not to put myself into bad situations that can be avoided by just trying to do the right thing (not just car stuff),,,,,,,
     
  3. torchmann
    Joined: Feb 26, 2009
    Posts: 787

    torchmann
    BANNED
    from Omaha, Ne

    good point. I think I have a grasp on it. it's complicated beyond my pay grade here goes...

    Yeah possession and ownership being different is an interesting hitch.
    according to Wiki, "Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. An ownership right is also referred to as ***le.
    possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership)

    It is possible to obtain possession of a thing without anyone else's consent. First, you might take possession of something which has never been possessed before. This can occur when you catch a wild animal; or create a new thing, such as a loaf of bread. Secondly, you might find something which someone else has lost. Thirdly, you might take something from another person without their consent. Possession acquired without consent is a property right which the law protects. It gives rise to a right of possession which is enforceable against everyone except those with a better right to possession....."

    I think a bill of sale is the actual legal instrument transfering ownership and a ***le is the states registration or patent of ownership. The discussion gets more complicated when you introduce that the do***ent known as the ***le is a certificate of ***le or patent of ***le and that ***LE itself is an intangible legal right to a thing witnessed by do***ents such as the certificate of ***le and bill of sale.
    You could say that the impound is challenging your right to possession by their adverse possession via due process(the tow order) and that a higher proof of right to possess is necessary to quit their claim (the certificate of ***le). Legally they cannot allow the vehicle to be driven off the property unless it is legal to operate on the public highway, but they must release it to be shipped if the levy against the vehicle has been discharged by paying the fines and fees.
    The towing of the vehicle is done under the authority to remove from the street vehicles which are not legal to be operated on the street and by nuisance ordinances to remove from private property vehicles which are not legal to be parked there. There is also a component to the action which is that the property is being siezed by due process against a debt(your ticket).
    A bill of sale is a superior order of proof of ownership and right of possession against the discharged impoundments and if the state has not issued a certificate of ***le then there can be no higher challenge to ownership against a bill of sale. I think a freight bill also might establish a superior right.
    A notarized declaration of ownership accompanied by the officer's already proving that the vehicle was in your posession and removed from your posession by due process might be a superior challange to the impounds adverse posession of the vehicle. It would be interesting to find out but I believe that if the impound can legally refuse to release to you the vehicle they are in effect claiming a right to posess that you must challange with a superior challange. They must be making a challange to the rights of posession and ownership because they WILL recieve from the state a ***le for that vehicle before it is sold for fees. If the state has it ***led in your name you have to waive your rights to the property so they don't go after you for the fees. If there is no ***le then they are treating it as a John Doe owner.
    The application for ***le must be preceeded by some proof, statement of, or challange of right to posess before ***LE can be registered and a certificate of ***le issued.
    It is even possible that if you do***ent the timing of your notice to them by registered letter or send a lawyer... stating that the levy against the property has been discharged and made your claim of ownership and intent to take legal posession of your property; that the court may deny the impound the right to charge storage fees accrued subsequent to your challange of their right to possess.
    Once you have paid your taxes and fines, the thing on the table is simply who has the right to posess and exercise ownership of the vehicle not if you were a bad boy or not.
    This is why it's imortant to have a lawyer that likes to fight instead of a lawyer that wants to hold your hand and not make waves through the ordeal.
    sorry if it took so many words.
    P.S. and that's only if you have a legal right to get the property back. If the law you broke causing it to be seized is a criminal law and not civil and that law allows for or mandates siezure of the property and/ or if the sentencing required it...then your screwed. The property is lost to you by due process of discharging the conviction. there is NO argument against discharging the sentence of a legal conviction. buh-bye car.
     
    Last edited: Jun 21, 2009
  4. jamesgs4
    Joined: Aug 22, 2007
    Posts: 265

    jamesgs4
    Member
    from denver

    in short, don't do it man.
     
  5. Billet
    Joined: Oct 13, 2008
    Posts: 275

    Billet
    Member

    Well Torchmann has good, sound legal points and Salty sounds like he just might have been in law enforcement. I've never had much luck discussing legal matters with cops. After being pulled over I've found that cops are trying to determine what kind action they are going to take based on your at***ude and the situation that attracted their attention. Being a square law abiding type with a clean record I might get the benefit of the doubt if I don't act like a ***. I learned awhile back as a kid riding around in a friends 46 ford with plates from a 70 wildcat when pulled over the cop told us " ah I didn't know what the car was... but I knew it wasn't a wildcat". Don't screw around, get the car registered and you won't have to look over your shoulder and sound like an idiot explaining why your **** isn't right.
    good luck
     
  6. acadian_carguy
    Joined: Apr 23, 2008
    Posts: 797

    acadian_carguy
    Member

    WOW...do that here in BC Canada and they would impound the car and get large fines...probably about a grand worth. Get in an collision and probably go to jail and pay $$$ for the rest of your life...
     
  7. Edelbroke
    Joined: Dec 12, 2008
    Posts: 770

    Edelbroke
    BANNED

    as it is in WI. (I got that fine once) Better off waiting untill its legal to drive, no fun looking in the rearview mirror all the time
     
  8. Turbo442
    Joined: Nov 27, 2005
    Posts: 702

    Turbo442
    Member

    As much work as you may have put into the car already and much more to come, don't be lazy. Take the good advice of everyone so far who said do it right, register and insure it and be able to relax while your are cruising.

    More than a few people who have done what you are suggesting and regretted it later. Some got away with it but are now older and wiser and concerned for theirs and others safety. Personally I don't want another fool on the road in an improperly registered vehicle with no insurance. btw, I am pretty sure, that regardless of what you think, you are not covered if the car is neither in your name or registered.

    I haven't got to the end of this thread yet but Good luck and do the right thing. You will feel better and won't have to go through the additional h***le/expense of the legal system.
     
  9. 454_4_ON_THE_FLOOR
    Joined: Feb 15, 2009
    Posts: 179

    454_4_ON_THE_FLOOR
    Member
    from Selden, TX

    Man I just wouldn't recommend it, Troopers can be jerks. You might wind up getting impounded.
     
  10. Salty
    Joined: Jul 24, 2006
    Posts: 2,258

    Salty
    Member
    from Florida

    Change the might to is and your good. I did a Bunch of years in the Navy and got sick of being deployed, hadda friend that was a cop and took the test...p***ed it and got into the industry...realized that I was good at finding **** and stirring the pot up...It's a fun job, but that's what it is....a job.

    And as far as you having luck discussing legal matters with cops...thats your problem...your trying to discuss legal matters with cops...I tell people this all the time, I am not a lawyer, they do not pay me to or have authorized me to interpret the law...I just enforce it.

    If you do wrong in a do right zone...I'll deal with the issue....

    Dude, everyone is different, I spent 12 years jumpin out of helicopters and getting shot down in Iraq...Figured that being a cop couldnt be worse than that :)
     
  11. Big Pete
    Joined: Aug 7, 2005
    Posts: 364

    Big Pete
    Member

    In this area they'll proclaim you an "insurance criminal", worse and more expensive than drunk driving, and second offense is a Felony!!
     
  12. ems customer service
    Joined: Nov 15, 2006
    Posts: 2,654

    ems customer service
    Member

    some times run with out registration for the car but the plates are registered to another car i have and that matches my drivers liecense and i play dumb and say i put the wrong plate on the car, but still risky if it gets towed to city impound you have to prove ownership ually ***le.

    i found out it was pretty easy in ohio to get a dealers liecense and then i can legally drive a car with out a ***le using a bill of sale, and its actually cheaper than buying regualr plates every year. also it eliminated h***les when towing a car across state lines. slap the dealer plate on the and tow.
     
  13. I don't know why this topic's gone on so long with all this legal debate.

    Bottom line, it's against the law, and will get you into a world of **** if you get caught, so don't do it unless you want to chance losing your car. What else is there to discuss?
     
  14. Salty
    Joined: Jul 24, 2006
    Posts: 2,258

    Salty
    Member
    from Florida

    ^^^^ I'm with that dude....
     
  15. Simple answer to a simple question ;)
    I like your style ...... :cool:
     

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  16. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,401

    Von Rigg Fink
    Member
    from Garage

    its against the law..but im on here trying to rationalize why i should or should not do it?...WTF?

    you know it aint right..what else do you need to know?
     
  17. notrod13
    Joined: Dec 13, 2005
    Posts: 995

    notrod13
    Member
    from long beach

    dude i know out here its a felony with 10 years imprisonment do not do it !!!!!!!!!

    then you are ****ed with a felony ad cant get a p***port or nothing and go to jail

    i would just get it registered

    you would be better off just running around with no plates than an old plate that doesn't match the car .. just a ticket
     
  18. Don't do it, go by the law. It's not worth the risk.
     
  19. evolvo
    Joined: May 18, 2009
    Posts: 144

    evolvo
    Member
    from Seattle

    I can state with 100% accuracy that no one has ever done this.:)
     
  20. mj40's
    Joined: Dec 11, 2008
    Posts: 3,303

    mj40's
    Member

    In Idaho for a few bucks you can get a temporary license for up to one month. It is a window slip to be displayed in the rear window
     
  21. DrHerb
    Joined: May 27, 2009
    Posts: 154

    DrHerb
    Member
    from Atlanta

    Dude.....all that stuff said before this, disregard that b.s.!!!

    Just follow this easy 16 step process and all worry is over.......what you do is.....
    1. drive the car with NO tag to the store.
    2. buy a case of bear(30 pack cans).
    3. drink 29 beers.
    4. smoke some
    5. cut up empty carton beer came in
    6. smoke some
    7. shot gun last beer(very important step if you want this to work!!!)
    8. write in big letters...."TAG APPLIED FOR"
    9. when pulled over, as the cop(HOPEFULLY FEMALE) is walking your way with guns drawn, slame it in reverse!
    10. ram the front of cop car
    11. shift into 1st gear. leaving it in first gear till engine blows
    12. get out running with no shirt(another very important part...no shirt)
    13. smoke some
    14. piss on the front window of walmart(write your name is in cursive) before being tackled by 15 cops
    15. then go to jail....but what a way to go!!!
    16. then get bailed out, sign on to the hamb and post a video of the whole thing.

    DONE. SIMPLE! CANT BELIEVE YOU DIDNT THINK OF THIS YOURSELF!!

    am i the only one who's car isnt where they live? send your cars away guys. you need to reload up on some "cops" episodes if your gonna give advice!!!!

    or hire a company(theres a million) to register the car in Alabama for you. no ***les needed there, just a bill of sale. then take Alabama reg to your DMV....problem solved. 2 weeks and $300.00 at the most!
     
  22. DrHerb
    Joined: May 27, 2009
    Posts: 154

    DrHerb
    Member
    from Atlanta

    if it doesnt work....repeat!


    you have the perfect screen name!!! lololol. ok, good night all! think i will end my day on a laugh
     
  23. torchmann
    Joined: Feb 26, 2009
    Posts: 787

    torchmann
    BANNED
    from Omaha, Ne

    Don't do the crime if you can't do the time. sometimes I get pulled over for skating on something like expired tags because I can't get them done over the weekend or I forgot. sometimes it's for a few mph over the limit. usually the bears are pretty cool just doing their job. Sometimes they get all personal like you called their kid ugly and I've said "why does this have to be personal sometimes I'm going to break the law and sometimes your going to write me a ticket?" and they usually say something about disrespect for the law to which I usually reply "If you want to get all moral about it legal and illegal broke itself off from right and wrong long time ago who am I hurting, what am I getting away with/cheating anyone out of? where's my victim?"some of the law is based in right/wrong but alot is all about making someone else's work easier on them at my expense. Example: If I'm not at fault and don't cause an accident or even if I'm in one and did not transgress another's right of way, universal insurance serves the purpose of mutual blame and cost regardless of liability and recklessness to make sure the car loans get paid off and the hospital bills get paid without having to ***ign blame or prove liability. It's a cop-out from the top down it hs nothing to do with right and wrong but ooooh your an evil villian if you don't do as your told.

    I'm going to live MY life, not the one some government godhead wants me to live. The respect I have for the law is the same respect I have for water and gravity. I can't do much about it or change what is is or what it's going to do I can only limit my exposure.

    (political) progressivism is all about making sure you have complete exposure.
     
  24. Knucklehead29
    Joined: Mar 13, 2009
    Posts: 132

    Knucklehead29
    Member

    Thanks guys for all the responses. That is a good point I need to look into my insurance and make sure it's not canceled because the car hasn't been registered for 30 days. I will go through the complicated ***le process. I went to the DMV the other day and this is what I have to do.

    1. Since I can't find the previous ***le owner I have to have the ***le "bonded"
    2. Get the car appraised
    3. Take a pencil tracing of the VIN from the car to prove it matches the VIN on the ***le.
    4. Take it to the state tax office and have them write up a rejection letter for my application for registration.
    5. Take it to an insurance company who will "bond" the ***le (as I understand it this means they own the ***le based on a percentage of the appraisal).
    6. Buy back the ***le from the insurance company for the same percentage value.
    7. Take the bonded ***le with paperwork back to the DMV and register it in my name.
    8. Take my YOM plates with me and register the vehicle to the plate number.

    The lady was very nice but told me in all it will probably be around $500 and take up to 3 months to do all of it.

    I am wondering. How many people purchase a vehicle, then don't ***le the vehicle in their name? How in the world do they drive it if they don't do this? Then they sell the vehicle, and the ***le gets all screwed up. Man oh man. Live and learn. NEVER buy a ***le from a guy unless it's in his name. SHEEEEESH...

    Thanks again guys...
     
  25. torchmann
    Joined: Feb 26, 2009
    Posts: 787

    torchmann
    BANNED
    from Omaha, Ne

    Not too much different from nebraska. I bought a rust free 63 skylark from a goob in Stockton Ca who bought a group of cars at storage auction. sounded like he was legit. advertised the car on ebay bid 500 short of his reserve, bought it outside of ebay, He guarranteed by email the ***le was clean undamaged and transfered in his name then he sent me a california application for lost ***le and california transfer of ownership applications....worthless in nebraska. he probably didnt want to pay up the tags and his tow service was probably without legit authority.
    Anyway to get a bonded ***le in Nebraska I have to post bond for 1.5 times the value of the vehicle. when you ***le an old car in Ne the minimum valuation is 300 or 500. They said the bond is to pay off any challange to ownership that may arise after ***le is issued and after 3 years I can get the money back if no challenges are made. In Nebraska it is illegal to sell a vehicle without transfering ***le, not signing the ***le into your name before selling it is also illegal and called jumping ***le. Only a licensed dealer can do it.I have to send registered letter to last known owner of record demanding a ***le and if I do not recieve a ***le then I take the refusal or undelivered certified letter back to the sherrifs inspection along with the application for bonded ***le with proof of deposit with the state. I have not done it yet but it's what I need to do then I get a clouded ***le which after 3 years I can convert into a clean ***le.
     
  26. 28hiboy
    Joined: Feb 2, 2007
    Posts: 404

    28hiboy
    Member
    from Milton, Fl

    Sounds like you'v come to your senses and are about to do the right thing. I bought a 67 Camaro that the dude never transfered the ***le, and it was out of state. Took the day off and tracked down the last legal ***led owner and had him sell me the car on paper. Saved lots of time. Don't forget to throw them some beer money for helping out. It worked for me. No cops, tickets or bad times.
     
  27. RichG
    Joined: Dec 8, 2008
    Posts: 3,919

    RichG
    Member

    I'm glad you decided to do it right, it might be a pain right now, but in the long run you'll spend more time cruisin' and enjoying your h***le free ride:D
     
  28. rick finch
    Joined: May 26, 2008
    Posts: 3,329

    rick finch
    Member

    Glad you decided to do the right thing...Peace of mind & legal = money well spent!
     
  29. rick finch
    Joined: May 26, 2008
    Posts: 3,329

    rick finch
    Member

    Took the words right out of my mouth!:D
     
  30. Turbo442
    Joined: Nov 27, 2005
    Posts: 702

    Turbo442
    Member

    I was ready to say close this one but now you post something that has more to it than just common sense. Now there is something some of the guys on here can help you with, which is your real problem; missing ***le and how can you get it corrected?
    1)Who did you get the car from and why do you say you "bought a ***le" ? I ***ume the ***le and car don't originally go together?
     

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