So, back in September 2001, I was selling an old car of mine. It was a junky, nasty old Dodge Omni that I drove around to deliver pizzas in. Anyway, this was the first car that I have ever sold. I was about 17-18 at the time.

So this scuzzy guy pulls up and gives me $300 for it. I sign over the title, take my plates off, cancel my insurance and send him on his way. The guy drove it to his house which was actually a couple of blocks down the road from me.

Fast forward to 2005, I get a collections notice in the mail from the Ann Arbor Credit Bureau saying I have an outstanding bill from Monahan's Towing in Oak Park for $780.

Apparently, the guy never registered the car in his name, and dumped the car. Since I was the last registered owner, they are coming after me for the charges.

My problem:
- I do not have a bill of sale for the transaction.
- I only have records of when I canceled the insurance on the car. I also have witnesses to the sale of the car.
- The guy no longer lives in the same house, and I cannot gain access to records as to who owned that house in 2001.
- If I don't work something out with either Monahan's or the Credit Bureau, it will go on my TRW, or they will have to take me to court.
- I am 22, I am finishing up my last semster at college. I live off students loans, therefore I DO NOT have the funds to pay this debt, nor will I pay for a debt that IS NOT MINE.

I have called Monahan's to try to work something out and the owner was supposed to call me but never did. I followed up for 3 days trying to get a hold of her, but since it's holiday time, she apparently is never in.

Does anyone have a way of finding out the name of the guy? He lived at 20409 Inkster Road in Livonia, MI 48152. He lived there in 2001. If anyone could find this information, it would help me "find" my bill of sale. Or any other advise would be appreciated.

BTW - I have talked to a couple of attorneys so I know what kind of position I am in, so I would appreciate only helpful comments. THANKS!

Two different people owned the home in 2001

Dorothy Sunman - Dont know where they live now

David Utley - Still owns home

Hope that helps... good luck

Thanks, that helps a lot. Can I ask how you got this information? I searched all over and could never come up with anything. Thanks again!

-Steve

P.S. Is there a way to tell who owned the home at which part of the year? I'm pretty sure that Utley guy is him, but I want to make sure he was the owner at that period (August-September)

Have you talked to the Secretary of States office? After living in Michigan for a while I can imagine this hspens a lot.

I get this info from public records and utilize it in my job.

Utley purchased the home in May 2001 and the records indicate he still lives there. He may have moved, but his taxes are still sent to that home. If he is renting it out the tenants will know where he is as they probably send the checks to him. Good luck

Did you get a bill of sale?


Tell the Ann Arbor Bureau to go screw themselves its not your car. Ask them where they are getting the information that its your car. If THEY have the car tell them to auction it off, if they dont ask them why they didn't write down the plate or driver information because that was poor business on the tow drivers end of the deal.

This sounds shady. All the storage yards and repo agents I know file a lien on the veh. If you don't pay the $ by the date you forfiet the veh to the yard. I have never heard of this before. Do a search on garage or mechanics lien in the state of MI. Companies will try and take advantage of people because most do not know the law by using these type of credit scare tactics. Or try Scott Lewis and the problem solvers.........

I second the statement about telling them to go screw themselves..... Threaten back... If they stick this on your credit you will sue them. They have to have proof that you owned the vehicle. Proof that you canceled the insurance should be enough. I had the same thing happen to me except when I told them I sold the car they just said okay.

They are yanking your chain.


Good luck.....

Do not give these asshats a dime!
Burden of proof is on them.
Threaten a lawsuit if they contact you again, and follow through if they
mess with your credit.

Thanks for the suggestions guys. I gave the name and address of the guy to Monaghan's and they are going to forward this onto the Ann Arbor Credit Bureau but I don't think it will be enough. I still need a bill of sale, which I don't have.

I would like to "find" it, but I need this David Utley guys signature. Is there a way to get a copy of some document that has his signature on it??? Or can I just "find" a bill of sale that doesn't have any signatures on it? Would that hold up?? Like I said, the only thing I have as proof right now is the document saying that I cancelled the insurance, but that still doesn't PROVE that I didn't own the car.

Any more help would be GREATLY appreciated. Thanks!

-Steve

Also, I have reason to believe that this David Utley is with the Dorothy Sunman lady. If anyone could find out her address and phone number, I know she lives in Prudenville, MI. That would also help out immensely. Thanks!

-Steve

Why do Omnis always get picked on?

a couple of things... since I do this for a living.

#1. The burden of proof falls upon the CONSUMER to prove that he does not owe a debt. Argue with me all you want, it's my job, I know the FDCPA. However, the first thing they should have done is sent you "First notice" of this debt. It should give you the option to dispute it. In which case they have 30 days to provide "validation" of the debt.

#2. I will find out what I can for you regarding this person, location, and transactions.

#3. The nicer you are to your debt collector, the nicer they are to you. Explain your situation. Tell them you are trying to work it out. Explain to them nicely that you will remain in contact with them, but ask that they not call excessively.

#4. By law, they CANNOT demand payment until 30 days after first notice has been sent. If they are DEMANDING payment right away, they are violating the FDCPA

Not sure about MI, but here in Wis. My buddy sold a old car for like 150 a real **** box and like a year later he got a letter saying he had some fines for leaveing his car some where. Knowing him and if im rembering this right he just went down to the DMV or call'd them. Have you tald to the DMV yet?
Word to the wise: as said befor allwas be NICE! and being 22myself paying off college my self. dont let ANY ONE **** with anything with your Credit. I had a small run in with Credit collectors and long story short Lucky i got free Legal servis and lawers Thourgh My dads (good old UAW)work less than a week later it was clear'd up.

GOOD LUCK! hope everthing works out for you. Iv seen stuff like this with Crediters happen a few times to good kids working there ***'s off to finsh college.

as far as i know, when cars are towed to our local yards, if the owner doesn't come to pay the debt/ tow fees by a certain time, the tow company technically owns the vehicle and just auctions off the vehicle for what they can. if no one buys it, they will crush it. as far as i know, they never go after the original owner of the vehicle.