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

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.

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 shouldn?t be too hard, but I probably won?t 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 it?s 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 shouldn?t 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 it?s done.

thanks :) If this declaratory judgment falls through, that'll be my next place to go :)

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 didn?t think this was going to be anything much because it?s 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 he?s full of himself and I am going to read more into it before I go to court. I?ll let you know how it goes.

"" wrote: > thanks :) If this declaratory judgment falls through, that'll > be my next > place to go :)

Hi, I too found a really great car... with a certificate of destruction title. It is a 86 buick, v8... looks like it was in a time warp, and landed yesterday. 111,000. original miiles, still smells new.

In Florida......

What did you do? I have until 5:00 pm tomorrow to decide if it is worth 750. with mags and skins. unbelievable.

ANY help would be appreciated. You know exactly what I am up against.

Thank you,

seven

Sorry for getting back to you so late. It's really hard to get a COD reversed in Florida. The easiest ways to do it are out of state from what everyone else is telling me. Like through New York or Kentucky I think(one of those states that start with a K, lol). You could try changing VINs, but then you always have to worry about being caught. Their system is flawed and they know it. The vehicles that get a COD for the wrong reason are probably like 5% or some small number like that and the rest are legit. I mean if you really like the car and see that it has a COD that should rightfully have a title, I would talk to the DMV. Look under TL-26 on the DMV website for the address of the "title correction section" and send them info, pictures, and a letter stating how you came upon it and why it souldn't have a COD. That's what I've done.

BTW, the Declaratory Judgment was dismissed, but it hopefully will work out for the better because that means no one else is claiming any ownership of the vehicle. The dismissal along with a new letter has been sent and hopefully I can get hte COD back, but I'm still not sure.

sorry for the long wait between posts for those of you that are still interested to know how things are going. I've been somewhat depressed about this whole situation and I've got my second test coming up soon (book test for the air force) so I've got to study for that. I received a reply letter from the DMV a week after my last post and it appeared to be good news in that they wanted me to get a compliance examination (or something, I don't have the letter in front of me, but it sounded like a overall check of the car to see if it was in good condition) so I went to the Florida highway patrol office and asked them about it, and the one I talked to was a real bitch (the only other guy I?ve seen there is also not much help). Right from the get go, once she heard "certificate of destruction", she was telling me she couldn't help me so I explained my situation and the responses from the DMV. She was also telling me misinformation like I was some kid who was just supposed to accept it as the truth and move on, and when I corrected her she just argued or just changed the subject. Anyhow she called the main DMV in Tallahassee to see who actually wrote the response, but couldn?t get a hold of the person she needed to find out that information because nothing actually commanded the highway patrol to inspect the car and told me to either go home or wait like an hour tell they called back, so I left. I called her back the next day after receiving a voicemail that she had an answer and she said that she wasn?t going to do any inspection because of the COD supposedly being a final judgment and the fact that nothing is ordering them to in the letter. What was strange though is she gave me the name of the person that allegedly sent me the letter so I called that DMV and the lady that answered (customer service) said she worked in the fraud department which almost seems to me like she just found someone else that really didn?t know what was going on, but could tell me there was nothing they could do so I would stop trying to get the title back. I never ended up talking to her and haven?t called back since. Also she said the compliance examination was just a check of the paperwork, but I asked the lady when I called the main DMV and she said it was a check of the car itself (that?s what I thought) so I need to call again to figure this out and try to see if I can locate the person actually working on this.

She is still not running yet either. I have everything installed for the most part to get it to start, but the security and check engine lamps aren?t coming on. I?ve been shooting the wiring and found that the main voltage that goes directly from the battery to the ECM is only ~5.3VDC which is really low (battery is good and putting out 12.5VDC). I got it to crank over once before I moved it to my friend?s house, but that was without heads. I think I know what it is because I?ve traced everything to where it goes through the firewall so I?m hoping it?s just a loose connection. It also doesn?t arc at all when you touch the positive connector to its terminal. I will post again once I get it running.