How do I get my title back?

[Bailey31490]

My jurisdiction is: Massachusetts

A collection attorney put a lien on the title of my 1994 Ford Ranger XLT as collateral on a debt she was collecting from me. The debt is now paid off and I have yet to receive the title back. She says the title is with a Constable Service she used, when I called them, I got the run around. The truck is totaled and I need the title back to junk it. Who is ultimately responsible for the return of my title, the collection attorney, the constable, the court? What should be my next course of action if I can't get anywhere with the attorney or constable?

 

[Michael Wechsler]

What is "the run around."

 

[Bailey31490]

What is "the run around."

First of all, if you don't know what "the run around" is, I HIGHLY DOUBT you are qualified to even THINK about giving legal advice. The "run around" basically means when you can't get a straight answer on a situation from the people with whom you are dealing. In my case, I have a collection attorney telling me my title is with the Constable, the Constable's office not giving me a straight answer, saying a woman from the office will call me back, who by the way has yet to do so, and to top it all off, they wouldn't even give me their current address, (which I looked up on Google, anyway). In short, I have a totaled truck sitting on my landlord's property, which due to city ordinances about "abandoned" vehicles, I have to keep legally "on the road". This vehicle is therefore costing me money for insurance and excise taxes every day it sits unusable.

 

[Michael Wechsler]

First of all, if you don't know what "the run around" is, I HIGHLY DOUBT you are qualified to even THINK about giving legal advice.

Hmmm... ah, OK. Perhaps you're right about that one and my last 15 or so years are just a blur. I'll just respond by saying "the run around" is not a term of art. In one instance it could mean that someone is actually running you around the block physically, and I can understand it can be exhausting. Another situation is where the person you hope to resolve your situation is telling you to call someone else or sending you down a chain. I find that half the time it's an unscrupulous business and the other it's a caller who doesn't really understand the proper or appropriate procedure.

The "run around" basically means when you can't get a straight answer on a situation from the people with whom you are dealing. In my case, I have a collection attorney telling me my title is with the Constable, the Constable's office not giving me a straight answer, saying a woman from the office will call me back, who by the way has yet to do so, and to top it all off, they wouldn't even give me their current address, (which I looked up on Google, anyway).

Ahhhh - this is what we were looking for. For a while there I thought you were giving me the run around. The question here is who is really responsible for you getting your property back. IMHO, I would think you are presented with two choices, each can be done concurrently. You may want to try one last call before you do and let them know you're serious. This is what I would do, it's up to you to decide if it's what you want to do (remember, I may not be qualified in this area. )

(1) Send a certified letter to the attorney letting her know that it is her job to remove the lien that she placed, not yours. If she doesn't budge, you're unfortunately going to have to call up the bar to ask them for some recommendations.

(2) Send another certified letter to the constable, telling them what you told us. Make them aware of the fact that you may need to escalate the matter to your state attorney general and hope you can obtain their full cooperation immediately.

In short, I have a totaled truck sitting on my landlord's property, which due to city ordinances about "abandoned" vehicles, I have to keep legally "on the road". This vehicle is therefore costing me money for insurance and excise taxes every day it sits unusable.

I understand your frustration. This is another part of what you should be including in your letters - each day they refuse to cooperate will be more costs you will need to add to a potential lawsuit if you cannot obtain immediate cooperation.

Perhaps that is a little clearer?

 

[Bailey31490]

Hmmm... ah, OK. Perhaps you're right about that one and my last 15 or so years are just a blur. I'll just respond by saying "the run around" is not a term of art. In one instance it could mean that someone is actually running you around the block physically, and I can understand it can be exhausting. Another situation is where the person you hope to resolve your situation is telling you to call someone else or sending you down a chain. I find that half the time it's an unscrupulous business and the other it's a caller who doesn't really understand the proper or appropriate procedure.



Ahhhh - this is what we were looking for. For a while there I thought you were giving me the run around. The question here is who is really responsible for you getting your property back. IMHO, I would think you are presented with two choices, each can be done concurrently. You may want to try one last call before you do and let them know you're serious. This is what I would do, it's up to you to decide if it's what you want to do (remember, I may not be qualified in this area. )

(1) Send a certified letter to the attorney letting her know that it is her job to remove the lien that she placed, not yours. If she doesn't budge, you're unfortunately going to have to call up the bar to ask them for some recommendations.

(2) Send another certified letter to the constable, telling them what you told us. Make them aware of the fact that you may need to escalate the matter to your state attorney general and hope you can obtain their full cooperation immediately.



I understand your frustration. This is another part of what you should be including in your letters - each day they refuse to cooperate will be more costs you will need to add to a potential lawsuit if you cannot obtain immediate cooperation.

Perhaps that is a little clearer?

Since I have been to the attorney's office twice in person, and already contacted the constable by phone, I have opted to stop pussyfooting around and go straight for the AG's office and file a complaint. PS Please don't think for one second that I haven't considered driving it to the attorney's office, (it does still run), putting a note in the windshield and removing the plates.

 

[Michael Wechsler]

Since I have been to the attorney's office twice in person, and already contacted the constable by phone, I have opted to stop pussyfooting around and go straight for the AG's office and file a complaint. PS Please don't think for one second that I haven't considered driving it to the attorney's office, (it does still run), putting a note in the windshield and removing the plates.

There is a much easier way. The attorney should be the one removing the lien if it was paid, not dumping that task on you. The simple way is to pin a note to his door letting her know that the bar association will be contacted so you can discuss the situation and whether the attorney's conduct warrants ethical behavior. I'm sure you are INCREDIBLY frustrated.... good luck...