'92 RS Heritage; cert. of destruction...

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- I know the local DMV office isnt a good place for info. I found that out early on. He wouldnt listen to me. I will look more into the laws because I didnt really see anything about COD transfers for personal
buys.
- Why wouldnt I own the whole car? What would be excluded? Im just curious because I started thinking that myself just recently. I havent done anything with it yet, but I want to get a working engine in it and if nothing else can be transferred over to my other car because it needs a new engine (or a rebuild, but I want to build a 350 for it).
- What do you mean rebuilds cars with CODs? Ive called a few places awhile back and most dont know how to get around the system.
- I am talking about putting it on a trailer and bringing it to the dragstrip. Its an official dragstrip so its not like I have to worry about cops. I live on an air force base and basically what they said was I only need to show insurance to be able to drive my car on base so I could test it out t low speeds and get some use from it
- I wouldnt risk taking it off base and getting pulled over. As long as I get the COD signed over I can probably title it again. I really want to get the title here in Florida back seeing how I am going to be here for awhile, but if that doesnt work I can always go through California or New York to get a title. Thanks for the feedback by the way.
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MetalDrgn wrote:

    In November we got pulled over. On our way to a Event. My Tough Truck was securely bound down to the trail, behind or trailer truck. The Cops Reason for pulling us over? No License Plate Lamp on the trailer!
    Long Story Short: I have never titled the tough truck in my Name. Yet we have a title for it somewhere. The owner was Military out of New York, sold it to us over 10 years ago. Untill recently the truck even had it's New York license plate still.
    After 2 hours on the side of the road, and $400 in tickets, the cop graciuosly let us go. Good thing they had other calls stacking up or they could have found enough reasons to arrest all 4 of us.
    
    As for people who deal with C.O.D. cars in Florida Im sure there are a few Body Shops & Salvage yards that know exactly how the system works.
Charles Sitting in the back of a suburban, with a cold pop between your legs, with your wrists on the back of the front seat, with your lap belt cutting in to you aint fun. Neither is hiding your half drank beer with your clutch foot
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I see what you mean. Someone on base told me about it. Maybe the rules here are alittle different. Seeing how I am military I don't have to get the car registered in this state after a month of being here or whatever (california is my state of residency for right now just for this reason). I saw someone bringing a camaro on a trailer just like I want to and he didn't get pulled over and I am pretty sure he didn't have plates either.
As far as him selling me the car as parts only, what would still be considered his? The frame? I don't have any of my own witnesses because I was alone when I bought the car. He had workers that were there and heard him, but I don't think they are going to be very willing to help me in court. At the time he said he would sell me the WHOLE car and on the bill of sale he has it as "bill of sale for parts only - no title" and now he is saying he only sold it to me for parts (which sounds more like he just doesn't want to be involved than anything else). From past experiences, he doesn't seem like a bad guy, just lazy.
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MetalDrgn wrote:

even a tow yard for that matter. If they do it that way, they don't have to make it pass smog or anything else. As I understand it, if they don't say that, then they are required to make it pass smog and maybe even safety inspections. I understand there are some states where it's pretty easy to get a title for anything, and then you just need to get it to CA at some point to title it in CA. As I recall from my time in the military, the rule is 2 of 3. 2 of three (registration, title and drivers license) must be from one state and 1 can be from another as long as one is your home state of record and the other is where you are. Of course I remember some states giving me a hassle about my expired dl (it wasn't really, but since I had not been back in state for more than a few days at a time for almost 7 years it hadn't been runewed in some time) because they really wanted to try and force me into turning myself into a resident of their state so they could collect state income tax <grin> of course that didn't happen.
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MetalDrgn wrote:

    
    OK it's Education time, pull up a Seat:
    When you mention legal action to anyone in the automotive trades, from the guys at GM Board of Directors, to the lowly salvage yard parts monkey one thing happens:
    Any and all co-operation evaperates. People as a rule hate the mear mention of involving police, officers of the court, lawyers, and having to go to court.
    Big wigs at a Automaker have Legal departments to turn a mess over to. No skin off their nose. Large Towing & Salvage Yards usually Have a Lawyer they use, if only for advice. Yet that lawyer will normially be happy to repersent them in court, and do a professional job of it.
    The smaller the place, the worse it gets. Where any verbial agreements are null & void (he said she said arguements ). Unless you got papers proving things, the customer rarely comes out on top.
    The last Customer who mentioned Legal Action with me got that responce. I stopped any and all work on their car & the replacement engine for it. I put the car outside in the back row b the fense, left the engine on the stand in a as stopped shape and waited. Then I waited. Waited some more. After 2 years I considered the car abondond and filed paper work.
    The Whole problem came down to the Customer. Costomer Did something silly, then got un-realistic, then started threating. Even at the Un-realistic stage I was going to finsh the car, plus the added expenses I was likely going to eat. Once the threats of calling the sherrif, threats saying I better have titles for all my cars, ect. Threats of taking me to court, generial harrassement visets, and the rest of the B.S. Everything shut down. I informed my land lord (who controlls access to the property) that said customer was not to be on the property, unless accompanied by a State Highway Patroll or Sherrif. Since my landlord also does car storage, I informed him that there was a debt owed to "bail" the car out, and to start storage at $30 per month. Legally with recipts for materials purchased, banishment from the property, and storage paper work, I covered my ass.     
    Basically with a Bill of Sale marked Parts Only, No Title. He Covered his ass. You have nothing more then a Parts Car.
    Maybe you aught to go and ask as nice as possible what it will take to get the C.O.D. You might even offer him extra money to get it. Just stop right away with the talk of court, witnesses, ect. Charles
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well I've tried being nice and that didn't work. I was nice when I asked for it. I didn't threaten him legally except once by saying I would sue him for the cost of filing the Declaritory Judgement so he doesn't really have a reason for being against it. I did find these laws pertaining to this situation though and I will look more into it later:
TL-26-11 III. CERTIFICATE OF DESTRUCTION INSTRUCTIONS:
B) When a Certificate of Destruction has been issued, the department's records will be updated to reflect it. When the towing company sells the motor vehicle for parts or scrap, each subsequent owner must be recorded on the Certificate of Destruction. The owner who finally dismantles or crushes the motor vehicle must retain the original (page one) Certificate of Destruction for three years. The carbon copy of the Certificate of Destruction must be kept for three years by the towing company, after being completed for transfer to a purchaser.
Section 713.78 (11)(a) A certificate of destruction, which authorizes the dismantling or destruction of the vehicle or vessel described therein, shall be reassignable and shall accompany the vehicle or vessel for which it is issued, when such vehicle or vessel is sold for such purposes, in lieu of a certificate of title
Any person who violates any provision of subsection (11) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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Small update:
Well I got a 30 minute consultation from an attorney yesterday and it looks like I should just try and get the declaratory judgment. He said I should do it myself and it shouldnt be too hard, but I probably wont be able to do it for alittle while because I need to go to the law library and check out some stuff for my case. Even when I file it, he said its going to take about 2 months to get it. Then I submit it all back to the DMV and wait eagerly for their reply.
The auto/hobby shop here just changed their rules and nobody is supposed to have their car there longer than a month at a time. So now I am definitely thinking of doing a small rebuild on the engine just so I can move it out of there. When I talked to security forces awhile back, they said it shouldnt be a problem having it out as long as it had a current base pass for it. I am probably just going to rebuild it as a TBI for now and throw the LT1 in there next once its done.
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Let the final battle begin
I finally submitted the judgment and had both parties served (salvage yard and towing company) and now I have to go and find out how to setup the trial dates. I didnt think this was going to be anything much because its been so long, but the towing company called me the day after I sent out the summons saying that he would file a countersuit against me for the cost of towing and storage. I called the owner and he was saying felony this and that and that he had over $3000 in charges accumulated that he was charging me for. I think hes full of himself and I am going to read more into it before I go to court. Ill let you know how it goes.
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