When the City of New York wants their money....

[Young Union]

Okay, I owe approx. $1500 to the City of New York in parking summonses. The summonses themselves are not in dispute. In late August of this year I had my 2003 Infiniti G35 repossessed by the City of New York because of the substantial amount owed. The City in turn relinquished the property to the bank, which did not have to pay off the summons penalties. Reason for that, I was told, was because the bank had a lien on the title and the property was in reality, the bank's. They were required by law to relinquish the vehicle to the bank without the bank being responsible for paying my summonses off. So, the traffic judgments still stood. This Thursday morning, my 1996 Dodge Ram work truck, which is registered at the DMV under my name but is OWNED IN TITLE by my brother, was confiscated for the summonses. When I called the Dept. of Finance and asked why they gave the first car back without the bank satisfying the summonses, they gave me the reasons I previously stated. So I thought it was great news, as I told the lady over the phone that my brother is the owner of the vehicle and the registration only is under my name, same situation as the Infiniti. I told her my brother will be at the impound shortly to reclaim his property and I will work something out where I will satisfy the debt. I was told it didnt work that way because my brother is not a "bank." So after much arguing I went all the way to Manhattan and saw an administrative attorney. I explained to him the situation and he says to me, "you're just trying to find a way to get the van back without having to pay the summonses!" So I said no, my brother is trying to get his property back, because it belongs to him, you took his property to satisfy my debts. I do not dispute the summonses, as they will be paid when I have the money. His conclusion was that lienholder laws and titleholder laws were different, and that lienholders can reclaim property upon repossession without having to pay the summonses, however the lienholder will not return the car to me unless I can provide proof that the summonses were paid, because having the car repossessed because of outstanding parking tickets is a breach of contract with the lienholder. However, titleholders or true owners of the property (well, co owners of property with the State) have no rights and could have their property confiscated in order to satisfy another person's debt. I asked to see an administrative judge and he played stupid, and told me he knows nothing of the laws of lienholders vs titleholders and how it applies to repossessions, and that he's just there to rule on the parking summonses. Do I have any legal leg to stand on, or am I screwed into paying nearly 2000 dollars to get my work van back?

[weishaupt1776]

Bro, asking for help with that kinda situation is kinda like a Hail Mary Pass a quarterback throws when it's the 4th Quarter & no time outs

letting thousands of dollars of parking tickets pile up shows bad faith

The way you should have handled the VERY FIRST TICKET was to do the Clyde Hyde Default (Ticketslayer) in the members only section

Then you would be able to come after them for damages if they gave you another ticket or seized the Van because you laid a foundation BEFOREHAND

I don't know what to tell ya on this one, sorry

[Masterjacob]

Originally Posted by Young Union

Okay, I owe approx. $1500 to the City of New York in parking summonses. The summonses themselves are not in dispute. In late August of this year I had my 2003 Infiniti G35 repossessed by the City of New York because of the substantial amount owed. The City in turn relinquished the property to the bank, which did not have to pay off the summons penalties. Reason for that, I was told, was because the bank had a lien on the title and the property was in reality, the bank's. They were required by law to relinquish the vehicle to the bank without the bank being responsible for paying my summonses off. So, the traffic judgments still stood. This Thursday morning, my 1996 Dodge Ram work truck, which is registered at the DMV under my name but is OWNED IN TITLE by my brother, was confiscated for the summonses. When I called the Dept. of Finance and asked why they gave the first car back without the bank satisfying the summonses, they gave me the reasons I previously stated. So I thought it was great news, as I told the lady over the phone that my brother is the owner of the vehicle and the registration only is under my name, same situation as the Infiniti. I told her my brother will be at the impound shortly to reclaim his property and I will work something out where I will satisfy the debt. I was told it didnt work that way because my brother is not a "bank." So after much arguing I went all the way to Manhattan and saw an administrative attorney. I explained to him the situation and he says to me, "you're just trying to find a way to get the van back without having to pay the summonses!" So I said no, my brother is trying to get his property back, because it belongs to him, you took his property to satisfy my debts. I do not dispute the summonses, as they will be paid when I have the money. His conclusion was that lienholder laws and titleholder laws were different, and that lienholders can reclaim property upon repossession without having to pay the summonses, however the lienholder will not return the car to me unless I can provide proof that the summonses were paid, because having the car repossessed because of outstanding parking tickets is a breach of contract with the lienholder. However, titleholders or true owners of the property (well, co owners of property with the State) have no rights and could have their property confiscated in order to satisfy another person's debt. I asked to see an administrative judge and he played stupid, and told me he knows nothing of the laws of lienholders vs titleholders and how it applies to repossessions, and that he's just there to rule on the parking summonses. Do I have any legal leg to stand on, or am I screwed into paying nearly 2000 dollars to get my work van back?

I know the way it is handled in OHIO but unfortuntly that isnt going to do you any good because the city of newyork maintains their own impound lots where ohio is done in private contracts.

1st thing the lein company doesn't really care where the car is unless it is in an impound yard. (as long as the account isn't default)
In ohio the lein company is responsable to pay the fees when a vehicle is in the yard so they have a vested interst in getting the car back to maximize the auction price.

Sounds to me that the person you talked to may be drawing his own conclusions, i don't think anyone can take property of a party not directly related to the subject listed in the action.

I think they took the car thinking it was yours OR you had it parked in another mannor whereas gave them jurisdiction for violation of parking code(again)

If it wasn't in in any direct violation of parking code then i would think they are waiting on the actual owner of the vehicle to call to claim as he has secondary possesion rights next to the state and he needs to call and ask- WHEN, WHY, HOW ETC...

Use google and try to find the statute codes and read them 1st before calling again, knowledge is power my friend.

When i first started dealing with banks that had cars in impoundment they tried telling me i had a duty to respond within 30 days and i am here to tell you in OHIO i owe them no such thing other than a certified letter 30 days in advanve before ownership.

I can practically tell them the section and the elements that restrict me from doing so, most of it is done by assumption and when you give way to them about grey areas they will scare you into believing you done something wrong, most of the prohibitations (ohio)are in tandom with the privacy act which prohibits the disclosed information of people.

If you can not undersstand the codes then perhaps post them here or call a local lawyer.

In ohio people seem to think if they hire a lawyer to dispute unjust impound that somehow the daily maintenance fee's gets stopped, (WRONG).
They also think that if found wrong the city/county/state is responsable for the fees(WRONG AGAIN) i think this is where immunity thing kicks in..

I inform people all the time about such things and people look at me like i am stupid but the fact remains in 45-60 days i am in possesion of their car and sending it to the auction house for liquidation on state orders.

That is about the best i can help until i see some codes of statutes.

best of luck

[Livefire]

Lesson learned here.....If you are going to try to make yourself "judgment proof" dont do it halfway! The van shouldve been registered in the brothers name as well, in that manner, there would be no paper trail to Young Union.

[Masterjacob]

Yes having registered in the brothers name would have been safer.

[Young Union]

Originally Posted by Masterjacob

Yes having registered in the brothers name would have been safer.

Reason why it was registered under my name is because my brother is young and a new driver, and registration under my name would save alot on insurance. Oh well.

Hey get this I got a letter in the mail, well my brother did, saying after further evaluation it turns out you're the owner. Another letter is outlining the $185 towing fee plus storage fees. And a 3rd is basically ordering the marshal or sherriff to turn over the property to my brother and take up the debt with me. When I went to the Dept. of Finance with the letters, my brother, AND the title of the vehicle, the sheep behind the counter said it doesnt work that way, AGAIN. I said ma'am please read the paperwork, she didnt even want to read it! She said "Who sent this to you? This isnt from us." It had the damn Dept of Finance City of NY letterheard on it. I'm like well then somebody mailed this to my brother in jest, and forged the DoF letterhead? Then she told me to call the sheriff's dept, which I did. I spoke to a deputy or liutennant, forgot how he identified himself, and he said he doesnt know anything about it, and that he cant help me. Under the terms of the law this Thurs the vehicle becomes abandoned property if not claimed, and I think the City government is doing its best to stall me during this time.

[farmer_giles_of_ham]

They stole your brother's car and now you gotta sue 'em. For 185 bux + storage it's probably worth it to get the van back. maybe you can negotiate the amount down, "under protest". Then sue them, damages etc . But if you shout loud enough maybe you get the car back for free. But sue them anyway, in forma pauperis (for free), or maybe "community legal service" can help. It's a racket, whaddya whaddaya...

The registration is irrelevant for insurance, as far as I know. They go by vin#, auto type, and "garage location". I used to keep my vehicles in a corporation name, made no never-mind.

[Livefire]

Im wondering how a sheriff's dept has anything to do with this, seeing that this incident is taking place in NYC, NYPD should be the one you contact. All I could suggest is that you send notarized copies of the correspondence to all parties involved. Next thing show up at the impound yard with that letter ordering release of the van and pay for the storage and impound costs, and get it out. Sue the fools after that for all sorts of things....might even file a criminal complaint (RICO).

Farmer touched upon something here...registration doesnt affect insurance. Better yet, create a trust and put title and registration in the name of the trust. Some members of this board operate this way rather successfully. Insurance companies will ask who is the primary driver of the vehicle and base the rates on that, title and registration specifics dont concern them other than identifying the insured vehicle.

One other piece of advice, when the lowlife clerk gets nasty on you without cause.....demand to see their supervisor and take the issue up with them.

[Young Union]

The NYPD only seize vehicles as evidence, or when you're parked in a tow away zone. The Dept of Finance outsources their dirty work to the City Marshal or Sheriff...i plan on speaking to a lawyer tomorrow about it actually. I need to hurry though because thursday is coming up! What happens if by thursday they still refuse to acknowledge me and the paperwork and they label it abandoned property, and auction it??

[Ownmaster]

Originally Posted by Young Union

Okay, I owe approx. $1500 to the City of New York in parking summonses. The summonses themselves are not in dispute.

They are seriously "summonses"?

Please post the statute that defines for and allows parking tickets in your state.