Bad Credit Agency

question about collection agency's rights and consumer rights.?

I sold a car to my brother's friend while I lived in CA. I sent the "release of liability" with his name on it but no address cuz he was moving and I didnt know his new address.The vehicle department sent me a notice saying that if I dont provide them with an address I'll be held liable, so I found out his address and sent it in. The guy never transfered the car to his name and ended up getting 7 tickets, crashed and abandoned the car.Since he never paid any of the tickets and fines he got, they weren't able to collect from him even after it was sent to collections and now they say it's my responsibility to pay.This will be over $2000 and needless to say that it has ruined my credit,I now have a little over than 400 points. I have sent them recently a 2nd release of liability signed by the guy,saying that he takes full responsibility over his actions. But since he's already got horrible credit, they know he'll never pay and they keep calling me and harrassing me.Can they do this? I did send the release of liability but at the time I didnt have his address, which I sent later. My mother sent the address in for me, and didnt date the paper. so even though it was sent before, they still want me to pay. They admit to have received the release of liability, but it's my word agains theirs pretty much.

Public Comments

1. you need a lawyer
2. Get an attorney to get this mess straightened out.......good luck
3. http://www.dmv.ca.gov/forms/reg/reg138.htm When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days. This releases the owner from civil or criminal liability for any parking, abandonment, or operation of the vehicle occurring after the transfer date. Keep a copy of the REG 138 for your own records. All of the information must be completed. Incomplete forms cannot be recorded. Once the completed form is updated the record will reflect the transfer information. However, the record is not permanently changed until the department receives a completed application for transfer of title with the appropriate fees from the new owner. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Do you still have a copy of that form? If so, send a copy of that to the collection agency, and talk to a lawyer to see whether you would still be liable. From the first part of what it says, I would hope not, but I'm not a lawyer. If the collection agency attempts to take you to court, then you can also show the court the originally submitted form, as well as the second one. I would definitely talk to a lawyer though.