Need help with a 59' F-100
#31
11-12-2010, 09:42 PM
the MVD needs the money so they will screw any one to get it , for 400.00 go get a lawyer and you will not end up paying the fees to MVD , just to the lawyer. if the truck was out of service for and not registered then you dont need to pay for the time that it was not on the road !!
The fact that the OP didn't notice the expired registration and is ignorant of the law, is whose fault?
It's the sellers responsibilty to pay the back fees, but if he refuses, you'll have to sue him in small claims court. If you win, you'll get a judgement against him, but it's a judgement only, not money.
If the DMV isn't paid within a certain length of time (and by that time, the fees and penalties usually triple), they turn the case over to the Franchise Tax Board, who can attach your bank account or pay check.
The bottom line is: It's cheaper to pay the back fees and be done with it.
#32
11-12-2010, 09:53 PM
if the registration expired and the truck was not driven then there should be no back charges , if you have a truck and it was registered 5 years ago then sat for 4 years
they can not back charge you , thats the way it is in az at least with some of our old trucks !! seeing how California's flat broke they will do any thing to get your money
they can not back charge you , thats the way it is in az at least with some of our old trucks !! seeing how California's flat broke they will do any thing to get your money
#33
11-12-2010, 10:17 PM
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#34
11-12-2010, 10:18 PM
if the registration expired and the truck was not driven then there should be no back charges ,
if you have a truck and it was registered 5 years ago then sat for 4 years CA absolutely will charge you.
thats the way it is in az at least with some of our old trucks !! seeing how California's flat broke they will do any thing to get your money
if you have a truck and it was registered 5 years ago then sat for 4 years CA absolutely will charge you.
thats the way it is in az at least with some of our old trucks !! seeing how California's flat broke they will do any thing to get your money
The day the registration expires, the fee doubles, and the DMV tags on a penalty fee. This has nothing to do with the fact that CA is broke, this law has been on the books for decades.
The seller should have acquired a Certification of Non-Operation from the DMV before the registration expired. Since he did not, the OP is up scheiss creek without a paddle.
The OP should have noticed the expired registration before he bought the truck...which only requires looking at the rear license plate where the year tag is located.
#35
11-12-2010, 10:28 PM
I bought a 59' F100 about a week ago, when I went to register it, of course there was $400 in penalties from the last owner. I refused to pay it and came home to do my research. Heres what I found on the DMV website...
Waiver of Penalties and Registration Fees ffice
ffice" /><o>
></o>>
<!-- #BeginEditable "section_number" --><!-- #EndEditable -->9562<!-- #EndEditable -->. <!-- #BeginEditable "section_content" -->(a) When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in Section 5902, and it is determined by the department that registration penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for registration for the current or prior registration years, the department may waive the registration penalties upon payment of the fees for registration due.
So, I called the DMV back today and questioned why they are making me pay the $400 in fees being that I fall EXACTLY into the above 'exception'. The person told me, "Your now responsible for the fees, you need to pay it and in 3 days you will charged additional fees for not taking care of this within 10 days".
Who do I talk to or what would you suggest I do? Its not that i can't pay it, I just refuse to be walked over like this...
<!-- #EndEditable -->
<!-- #BeginEditable "addl_section_content" -->
Waiver of Penalties and Registration Fees ffice
ffice" /><o>></o>><!-- #BeginEditable "section_number" --><!-- #EndEditable -->9562<!-- #EndEditable -->. <!-- #BeginEditable "section_content" -->(a) When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in Section 5902, and it is determined by the department that registration penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for registration for the current or prior registration years, the department may waive the registration penalties upon payment of the fees for registration due.
So, I called the DMV back today and questioned why they are making me pay the $400 in fees being that I fall EXACTLY into the above 'exception'. The person told me, "Your now responsible for the fees, you need to pay it and in 3 days you will charged additional fees for not taking care of this within 10 days".
Who do I talk to or what would you suggest I do? Its not that i can't pay it, I just refuse to be walked over like this...
<!-- #EndEditable -->
<!-- #BeginEditable "addl_section_content" -->
#36
11-12-2010, 10:35 PM
Since you are unaware of the facts, everything you have typed is moot.
I have owned 331 vehicles since 1956, of those...four were bought out of state, the rest here in CA
I've been thru this same rigamarole with the CA DMV, so I know the facts. Pay the darn fees and be done with it, the alternative is costly and a PITA to get resolved.
If the CA Franchise Tax Board gets involved, once you're on their list, they will monitor your tax returns for years afterwards. Not Pleasant!
#37
11-12-2010, 10:36 PM
#39
11-12-2010, 10:50 PM
During the time the OP is fighting the case (after paying a fat attorney retainer fee), what do you think the CA DMV is doing?
Raising the fee every month, and tagging on a penalty fee.
The OP is in the right, but it's going to cost him MUCH more to fight the case, than the 400 bucks he owes the DMV...now.
Raising the fee every month, and tagging on a penalty fee.
The OP is in the right, but it's going to cost him MUCH more to fight the case, than the 400 bucks he owes the DMV...now.
#40
11-12-2010, 10:56 PM
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That may be the way it is in AZ, but this is CA, not AZ. Ignorance of the law is no excuse, regardless of where you live.
The day the registration expires, the fee doubles, and the DMV tags on a penalty fee. This has nothing to do with the fact that CA is broke, this law has been on the books for decades.
The seller should have acquired a Certification of Non-Operation from the DMV before the registration expired. Since he did not, the OP is up scheiss creek without a paddle.
The OP should have noticed the expired registration before he bought the truck...which only requires looking at the rear license plate where the year tag is located.
The day the registration expires, the fee doubles, and the DMV tags on a penalty fee. This has nothing to do with the fact that CA is broke, this law has been on the books for decades.
The seller should have acquired a Certification of Non-Operation from the DMV before the registration expired. Since he did not, the OP is up scheiss creek without a paddle.
The OP should have noticed the expired registration before he bought the truck...which only requires looking at the rear license plate where the year tag is located.
#41
11-12-2010, 10:58 PM
#42
11-12-2010, 11:18 PM
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I bought a 59' F100 about a week ago, when I went to register it, of course there was $400 in penalties from the last owner. I refused to pay it and came home to do my research. Heres what I found on the DMV website...
Waiver of Penalties and Registration Fees fficeffice" /><O></O>
<!-- #BeginEditable "section_number" --><!-- #EndEditable -->9562<!-- #EndEditable -->. <!-- #BeginEditable "section_content" -->(a) When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in Section 5902, and it is determined by the department that registration penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for registration for the current or prior registration years, the department may waive the registration penalties upon payment of the fees for registration due.
So, I called the DMV back today and questioned why they are making me pay the $400 in fees being that I fall EXACTLY into the above 'exception'. The person told me, "Your now responsible for the fees, you need to pay it and in 3 days you will charged additional fees for not taking care of this within 10 days".
Who do I talk to or what would you suggest I do? Its not that i can't pay it, I just refuse to be walked over like this...
<!-- #EndEditable -->
<!-- #BeginEditable "addl_section_content" -->
Waiver of Penalties and Registration Fees ffice
ffice" /><O></O><!-- #BeginEditable "section_number" --><!-- #EndEditable -->9562<!-- #EndEditable -->. <!-- #BeginEditable "section_content" -->(a) When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in Section 5902, and it is determined by the department that registration penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for registration for the current or prior registration years, the department may waive the registration penalties upon payment of the fees for registration due.
So, I called the DMV back today and questioned why they are making me pay the $400 in fees being that I fall EXACTLY into the above 'exception'. The person told me, "Your now responsible for the fees, you need to pay it and in 3 days you will charged additional fees for not taking care of this within 10 days".
Who do I talk to or what would you suggest I do? Its not that i can't pay it, I just refuse to be walked over like this...
<!-- #EndEditable -->
<!-- #BeginEditable "addl_section_content" -->
#43
11-13-2010, 02:42 AM
Sorry about the really "bad" surprise Allfiller08. Arguing with the DMV around here is mostly like arguing with a cop! Doesn't work so good. They seem to have infinite patience and everything on their side. Myself I'd be unhappy, but I'd pay the money. And I'm not saying that's what you should do, I'm just saying what I would probably do--but wouldn't be happy about it. Its too bad.. Its not right for sure.
I suppose if the Pervious Owner is a "stand up guy" etc he will reimburse you. But of course who knows what he'll do. The fact that he didn't take the time to comply and get a non-op status (costs next to nothing or nothing/i forget ) on the truck is not a good sign, and the DMV definitely makes it clear when they send the registration renewal that one has to pay the registration fees each year/sell the truck/or get a non op status/something anyway. They won't be ignored.
And of course you could take him to small claims court and see what the judge says about all. Even then I don't know how such rulings go. You never know about this kinda stuff for certain, but I think its just a small fee and one afternoon or morning at the Small Claims Court to see if you can get a judgement etc. Of course that's just a judgement--They have to be willing to pay. Would he? I've never gone to small claims, and don't have any personal experience, but you could try.
Also is it possible that maybe? i don't know--but after paying the $400 registration fee can one somehow appeal to the DMV in some sort of appeals procedure etc? Have you checked? Does such a possibility exist? Or can you complain to your Congressman? I once complained in a letter to my Congressman regarding the DMV and it had something to do with my having so much difficulty with one of my trucks not being insured and on a non op status, but somehow I had a problem. I forget the details. It was a while back. And someone from my Congressmans office phoned me and asked about the details and checked into it by talking with the DMV laison person or whoever and got me a "specific contact" at the DMV and I got things worked out OK. I'm not saying you will but its something to try. One just has to write a letter and "hope for the best"-no gaurantees.
As bad as all, when you build a truck its like making an omlet. You gotta break some eggs. There are occassionly things that go wrong. This is a lousy start for sure and a really bad surprise and I wouldn't be happy either.
I need to go back and read all the posts. Maybe you mentioned it, but have you talked to the previous owner about this? What's his atitude?
I suppose if the Pervious Owner is a "stand up guy" etc he will reimburse you. But of course who knows what he'll do. The fact that he didn't take the time to comply and get a non-op status (costs next to nothing or nothing/i forget ) on the truck is not a good sign, and the DMV definitely makes it clear when they send the registration renewal that one has to pay the registration fees each year/sell the truck/or get a non op status/something anyway. They won't be ignored.
And of course you could take him to small claims court and see what the judge says about all. Even then I don't know how such rulings go. You never know about this kinda stuff for certain, but I think its just a small fee and one afternoon or morning at the Small Claims Court to see if you can get a judgement etc. Of course that's just a judgement--They have to be willing to pay. Would he? I've never gone to small claims, and don't have any personal experience, but you could try.
Also is it possible that maybe? i don't know--but after paying the $400 registration fee can one somehow appeal to the DMV in some sort of appeals procedure etc? Have you checked? Does such a possibility exist? Or can you complain to your Congressman? I once complained in a letter to my Congressman regarding the DMV and it had something to do with my having so much difficulty with one of my trucks not being insured and on a non op status, but somehow I had a problem. I forget the details. It was a while back. And someone from my Congressmans office phoned me and asked about the details and checked into it by talking with the DMV laison person or whoever and got me a "specific contact" at the DMV and I got things worked out OK. I'm not saying you will but its something to try. One just has to write a letter and "hope for the best"-no gaurantees.
As bad as all, when you build a truck its like making an omlet. You gotta break some eggs. There are occassionly things that go wrong. This is a lousy start for sure and a really bad surprise and I wouldn't be happy either.
I need to go back and read all the posts. Maybe you mentioned it, but have you talked to the previous owner about this? What's his atitude?
#44
11-13-2010, 09:41 AM
Also one more thought, just brain storming, not saying any of these ideas are good for you/that's all up to you, but as I understand you went to the DMV in Chula Vista? and got the bad news from the counter person and then went home and phoned--and i suppose talked with someone else from that office? Is that right?
I see you're in the SanDiego area. Can you drive to a different DMV office in your area before any deadlines come down on you, and maybe find a different office and counterperson who interprets these things differently?
I know this is a long shot, but some of us here have had misunderstandings with the DMV and gone to a different office with the same paperwork and got totally better and different results. I'm not saying that will happen to you in this specific situation and maybe its too far away or etc. Or just not a good idea in general, but I'll add it to the list of possibilities.
My experience along this line has been with getting to use "old timey" license plates on my truck that agree with plates used when the truck was new=calleld YOM(year of manufacture). I learned that sometimes different DMV workers see things differently. I tried to get some old plates on my truck at one office and they thought I was a criminal trying to pull a fast one??? I didn't argue I got in my truck and drove 30miles to another office, and didn't mention my problems just gave them the same pile of paperwork--and "all no problem".
This is not the same of course, but just an idea. Maybe someone hear can tell me if this might work? I don't know for sure. Its just an idea, I don't know if the counterperson is the one who makes such decisions.
I see you're in the SanDiego area. Can you drive to a different DMV office in your area before any deadlines come down on you, and maybe find a different office and counterperson who interprets these things differently?
I know this is a long shot, but some of us here have had misunderstandings with the DMV and gone to a different office with the same paperwork and got totally better and different results. I'm not saying that will happen to you in this specific situation and maybe its too far away or etc. Or just not a good idea in general, but I'll add it to the list of possibilities.
My experience along this line has been with getting to use "old timey" license plates on my truck that agree with plates used when the truck was new=calleld YOM(year of manufacture). I learned that sometimes different DMV workers see things differently. I tried to get some old plates on my truck at one office and they thought I was a criminal trying to pull a fast one??? I didn't argue I got in my truck and drove 30miles to another office, and didn't mention my problems just gave them the same pile of paperwork--and "all no problem".
This is not the same of course, but just an idea. Maybe someone hear can tell me if this might work? I don't know for sure. Its just an idea, I don't know if the counterperson is the one who makes such decisions.
#45
11-13-2010, 10:11 AM
Also one more thought, just brain storming, not saying any of these ideas are good for you/that's all up to you, but as I understand you went to the DMV in Chula Vista? and got the bad news from the counter person and then went home and phoned--and i suppose talked with someone else from that office? Is that right?
I see you're in the SanDiego area. Can you drive to a different DMV office in your area before any deadlines come down on you, and maybe find a different office and counterperson who interprets these things differently?
I know this is a long shot, but some of us here have had misunderstandings with the DMV and gone to a different office with the same paperwork and got totally better and different results. I'm not saying that will happen to you in this specific situation and maybe its too far away or etc. Or just not a good idea in general, but I'll add it to the list of possibilities.
My experience along this line has been with getting to use "old timey" license plates on my truck that agree with plates used when the truck was new=calleld YOM(year of manufacture). I learned that sometimes different DMV workers see things differently. I tried to get some old plates on my truck at one office and they thought I was a criminal trying to pull a fast one??? I didn't argue I got in my truck and drove 30miles to another office, and didn't mention my problems just gave them the same pile of paperwork--and "all no problem".
This is not the same of course, but just an idea. Maybe someone hear can tell me if this might work? I don't know for sure. Its just an idea, I don't know if the counterperson is the one who makes such decisions.
I see you're in the SanDiego area. Can you drive to a different DMV office in your area before any deadlines come down on you, and maybe find a different office and counterperson who interprets these things differently?
I know this is a long shot, but some of us here have had misunderstandings with the DMV and gone to a different office with the same paperwork and got totally better and different results. I'm not saying that will happen to you in this specific situation and maybe its too far away or etc. Or just not a good idea in general, but I'll add it to the list of possibilities.
My experience along this line has been with getting to use "old timey" license plates on my truck that agree with plates used when the truck was new=calleld YOM(year of manufacture). I learned that sometimes different DMV workers see things differently. I tried to get some old plates on my truck at one office and they thought I was a criminal trying to pull a fast one??? I didn't argue I got in my truck and drove 30miles to another office, and didn't mention my problems just gave them the same pile of paperwork--and "all no problem".
This is not the same of course, but just an idea. Maybe someone hear can tell me if this might work? I don't know for sure. Its just an idea, I don't know if the counterperson is the one who makes such decisions.
