Skip to main content

I bought a truck , had title transferred by Secretary of State , and it was reposed ? What can I do ?

Chicago, IL |

I bought a truck from a business that is now closed . They transferred title to me . I did the transfer and registration paperwork with the Secretary of State . A few months later , a tow truck came and reposed the truck saying the truck has money that is owed on it . Apparently whoever had truck before owed someone money . I cannot track down the people who sold the truck to me and they are now closed . What can I do ? Why would the secretary of State transfer the title over and everything is money was owed , aren't they supped to check these things ?

+ Read More

Attorney answers 1


You should see a business attorney right away. If you have clear title from the state you should get the truck back. Perfection of a security interest in titled vehicles requires that the lien appear on the title. It's Saturday, if the towing company is open today I would give them a copy of your clear title on the truck today and put them on notice of the wrongful order to hook the truck. If you don't have the truck back by Monday, I would talk to local counsel.

You have asked us to state an opinion based upon stated facts. You have not provided us with any documents, pictures, witness statements or other admissible evidence. The opinions stated are based upon general principles of law unless otherwise stated, which may or may not be applicable in your jurisdiction. Controlling law is also subject to change or reversal at any time. Any such changes may be retroactive and could significantly modify the statements and opinions expressed herein. Similarly, any change in the facts and assumptions upon which this opinion is based could modify the conclusions. We opine only as to matters expressly set forth, no opinions should be inferred as to other matters or to treatment of matters not specifically addressed. This opinion represents our best judgment as to the probable outcome of the issues discussed and is not binding on the courts or upon your adversaries. We can give no assurance that an adversary would not challenge our conclusions and prevail in the courts in a manner to cause adverse consequences. With respect to some of the matters discussed in the opinion, existing legal precedent may provide very little legal guidance. Although the opinions and views expressed are based on our best interpretations of existing law and what we believe a court would probably conclude if presented with the applicable issues, we can give no assurance that our interpretations would be followed if the issues became the subject of judicial or administrative proceedings. Realization of certain benefits described is subject to the risk that a tenant may challenge the treatment and that a court may sustain the challenge. Because you may bear the burden of proof required to establish a fact, the opinions expressed assume the you will undertake the effort and expense to present fully the case in support of any matter that you have asserted and an opponent might challenge. None of the advice provided here may be used to avoid tax liability, interest or penalties. If you want that level of assurance you will need to allow us to perform the full opportunity to explore the facts and law applicable to your specific circumstances. I provide answers here to allow people to see the style of communication and type of analysis applied to factual statements.