Jon 74 260Z Posted September 4, 2013 Share Posted September 4, 2013 Background: In March of 2011, the missus and I moved from San Jose to São Paulo and we put some vehicles into storage (including the S30). Coincidentally, the registration for “my†cars was due in March so I sent some $18 checks to the DMV for their non-op registrations. The registration for “her†car wasn’t due until October so nothing needed to be done but I did cancel the insurance during a layover on our way to Brasil. Fast forward to July of this year. We take some much needed R&R back in CA but since I’m too cheap to rent a car for a couple of weeks, the very first activity of our vacation is to visit the DMV to get the registration sorted on her car. Now, you might be expecting a horrible tale of bureaucratic incompetence BUT... the opposite happened. The clerk I dealt with was actually very helpful. I showed up with my proof of insurance, my passport proving that I was out of the country the entire time since the registration expired, my boarding passes showing that I arrived the previous night and my checkbook open, ready to pay the current year’s registration. I explained that mail forwarding to Brasil is unreliable and thus, I didn’t receive any renewal notices, etc etc. He helped me complete the appropriate form, made copies of my documentation and got approval from his supervisor to waive the penalties and fees for missing the registration for the past two years. Strange as it may seem, a DMV employee applied common sense to a situation and provided good customer service. However, I wasn’t able to leave the DMV with current tags because (a) I needed to pass smog (this was expected) and ( I had to pay a $14 fee to the “Financial Responsibility Office†because there was a period of time that the registration was valid but the vehicle did not have insurance. This was unexpected.... It is also pretty ridiculous but it isn’t worth my time to rant about it. The important thing to remember is that I left the DMV with a piece of paper saying that all the registration fees were paid. And I also left with a couple of One Day Use permits so I could get it smogged and this is where the story gets interesting! Yesterday, I viewed my checking account on-line and noticed some unusual withdrawals. I called the branch manager of my bank and after some gentle persuasion, I managed to find out how these charges came about: The DMV put a levy on my accounts to collect $177 worth of fees on my wife’s car! Furthermore, the bank charges me another $100 for this “service.†(If there are any potential deadbeats reading this, take note. It gets expensive when you don’t pay your debts and you force people to collect by attaching bank accounts.) Let me emphasize something: I received ABSOLUTELY ZERO notification about this. No process servers, no registered letters, no NOTHING! The DMV used the legal system to forcibly take money from me without my prior knowledge. You can call me a backwoods libertarian if you want to but this type of situation scares me, and I think it ought to scare others. The fact that the DMV is wrong about this (and I have the documentation to prove this) not only adds insult to injury, it makes me question why I would ever want to voluntarily live with a gubmint like that... You may be thinking, “So he’s out almost three hundred bucks. Sucks, but in the scope of a lifetime, it ain’t so much...†Well, remember this: I’m not making dollars now; my salary is in Brazilian currency. Would you write-off six weeks or two months of your salary without a second thought? Because that’s pretty close to what this amount represents to me of my US income... All good advice in life comes from car-related internet message boards. So I’m throwing my situation into hybridZ’s capable hands. What should I do? Any suggestions as to how to resolve this problem are invited and welcomed. All I know for sure right now is that the money is gone and I don’t have a clue as to what to do next.... Quote Link to comment Share on other sites More sharing options...
tecreatta Posted September 4, 2013 Share Posted September 4, 2013 William Blackstone would be appalled. I'm sorry for you. Such is life.... Quote Link to comment Share on other sites More sharing options...
beermanpete Posted September 4, 2013 Share Posted September 4, 2013 So, much like the IRS the CA DMV assumes you are guilty until proven innocent. That sucks. I have no idea how you should proceed with the DMV. As for the bank charges, if you use a "real" credit card you can dispute the charges more easily than if you use a debit card. Not much now of course, but for the next time it might help. Quote Link to comment Share on other sites More sharing options...
randy 77zt Posted September 4, 2013 Share Posted September 4, 2013 My neighbor( on disability) has a pick up truck on his driveway with expired tags.He told me he got a letter from the dmv stating he had to pay up the expired tags (4 years)or they were going to garnish his federal disability checks.Some how the California Dmv has assumed the power of the IRS.How did they get your bank account info?Did you use a atm card while you were there?Seems like maybe cash would leave less personal info? Quote Link to comment Share on other sites More sharing options...
ctc Posted September 5, 2013 Share Posted September 5, 2013 (edited) So, if I understand, in July you paid X amount to the DMV and left with a one day tag to get your smog completed and a piece of paper that said fees paid. I assume you got that smog and then returned to the DMV to complete the registration process, correct? I also assume that while you where at the DMV you gave them your current address and contact info. A month later, the DMV withdraws penalty fees and you are upset. First, are you sure DMV didn't send you anything? Second, did you get anything in writing that said you didn't have to pay the back fees. I would talk with the supervisor at DMV that waived the back fees. Most likely Sacramento reversed that supervisor. Or you current registration is in the mail! Edited September 5, 2013 by ctc Quote Link to comment Share on other sites More sharing options...
Tony D Posted September 5, 2013 Share Posted September 5, 2013 Wheels turning slowly and one hand not talking to the other. Go back, get your money refunded. You paid your fees, the money they collected was for fees that were waived! This is what I spoke some time ago about. CA DMV has the right to impound your GOOD CAR and sell it at auction to pay back fees on any of your other vehicles. If they sell the car fr mre than the fees owed, they are not required to tell you. They simply put your money in an escrow account, and if not claimed by you within a year, the money goes to the general fund! Incorporate an LLC in Reno, with a forwarding mail service (corporate suite) and cease being a California Citizen. Quote Link to comment Share on other sites More sharing options...
Jon 74 260Z Posted September 5, 2013 Author Share Posted September 5, 2013 Randy – I assume there are legal ways for someone to link a car with a matching name and address to a bank account. (btw, the car is in my wife’s name, the check I used to pay the registration was for an account in my name only and the levied account was our joint account.) I’m not bothered too much by the fact the DMV “found†my account – I’m bothered by the fact that they were able to seize assets so quickly and with so little prior notice. Ctc – the vehicle failed smog so I put it back into storage and moved back to Brasil. (Uhhh…, the link between those three events is NOT as direct as it might appear in that sentence!) Last night, the bank emailed me a copy of the levy notice, which was dated 7 weeks after the fees were paid (by which time I was in another hemisphere). Oh, the letter was sent regular US mail so apparently, it only takes one weeks to seize assets and NO “delivery confirmation†is required. Tony – the problem with the Nevada option is the insurance. Cops can and will impound a car on the spot if an out-of-state car has CA insurance. Sure, I could also get insurance in NV but I’m not comfortable going down the very easy rout of fooling the insurance company into issuing insurance in one state when a car is actually being used in another. I feel that once you lie to an insurance company, you can never complain about how much the premiums are. I’m fairly certain that the fees will be refunded – I’m slightly less confident that they will cover the bank fees involved…. Quote Link to comment Share on other sites More sharing options...
randy 77zt Posted September 5, 2013 Share Posted September 5, 2013 Unless the car has some kind of sentimental value its probably better to sell a car than to store it.With all the ethanol in the komifornia gas + brake fliud and coolant breakdown from prolonged storage you can have a car that turns into a unreliable money pit.+ depreciation and storage fees.Its better to rent -let some body else take care of the problem. Quote Link to comment Share on other sites More sharing options...
Tony D Posted September 6, 2013 Share Posted September 6, 2013 I must not have been clear: Cease being a resident of the state. You do not need to be a resident to register or insure the car in CA. Likewise (and much to the chagrin of other states) CA also allows you to "garage" your vehicles elsewhere. Insurance is not contingent on location of use. It IS contingent f state f registration. I have had CA Plates on a car garaged in Michigan for going on 20 years now. Michigan doesn't particularly like it, but not much to say about it. Same as CA has nothing to say when I'm only in the state 24 days this year, and all my registrations were non-opped save one that I JUST did in CA, and ONLY because I used it in the state 13 days. Other than that time"it has not been moved or operated n public roadways to accrue fees" as they like to say. I'm not there, you're in freakin' Brasil! You hardly qualify as a resident. Declare your state f residence, get a driver's license insurance and plates there and garage it where you so choose! Wouldn't be the first time for me....no lying to anybody. But a sound "FU" to CADMV! Quote Link to comment Share on other sites More sharing options...
Jon 74 260Z Posted September 9, 2013 Author Share Posted September 9, 2013 A quick update: Last Thursday, I spent 43:57 on hold (according to the timer on Skype) with the Vehicle Collections Department of the Franchise Tax Board of the State of California. (Who would have ever thought such a governmental agency could actually exist?) I surprised Yolanda Agent 286 by saying I had a Report of Deposit of Fees for the vehicle in question and she got a little snippy. After refusing to let me speak to her supervisor since she didn't have the authority to refund the bank levy, she assured me her supervisor could and would make an international call to talk with me. I'm still waiting for that call.... But I was surprised on Friday! There was a mysterious deposit in my account for the exact same amount of the fees -- I truly was not expecting that... At this point, I don't know if I'm going to pursue getting the bank levy refunded. I hate having "to donate" more money because of the Franchise Tax Board, but there might be better things I can do with my time... Thanks for all of your advice and/or support. Quote Link to comment Share on other sites More sharing options...
Tony D Posted September 10, 2013 Share Posted September 10, 2013 Cal some local retiree you may know whose an arsehole and enter a small claims suit for the bank levy fee! It justifies stealing a few first editions out of a Cal State Library with the help of your local Sheriff! Let me guess, you got WFB as a bank, and there's no way they are going to refund your fees! I'd at least try that angle---call and mention the Bank Levy was in error, they have re deposited your funds, and you want the levy fee refunded. Good to see someone else uses the Skype Timer. I Screen-Shot it for close to a year to show my managers that their "have to use travel agency" takes 35 - 45 minutes on average to process my typical flight request! Have you considered picking up a Magic Jack Plus? I hook mine into my router, to a phone... Anybody can call me just like I was at home...and calling back to the USA it seems more reliably clear than Skype. I actually put them in at the house for my fax line! I love the e-mailed voice messages it does. $125 for 5 years. Beats the hell out of Skype Premium... Quote Link to comment Share on other sites More sharing options...
tecreatta Posted September 25, 2013 Share Posted September 25, 2013 Plus one on the Magic Jack Plus. I have my grandparents set up with one as their main phone in the house back in Houston. I use a standard magic server on my iphone to call with my personal magic jack as well. Quote Link to comment Share on other sites More sharing options...
Tony D Posted September 26, 2013 Share Posted September 26, 2013 I buy them, set them up, and give them as gifts to people overseas. I'm always telling them to call Summit or Jegs for parts... Or call this shop or that... Now they can! Plus when they call my mobile it's free if they're at home! I just got eerie email from DMV,.. "Your registration expires Sept28"... I look.... I paid two weeks ago, got a receipt, got a transaction record at the bank... Hmmmm.... Go back and read it again "Ineligible to renew online"???? Hmmmmm.... Back to the notice I got in August,..no such disclaimer. SO: 15 August I get notice to renew (save a stamp, renew via the Internet!) 2 September I do a direct debit and get a receipt emailed to me. I see thy bank transaction go through.... Two weeks later (Sep 21) I get this note "you gotta renew by the 28th"!!! WTF? This one gets a transfer to NV first landed day in CA! I was going to garage them in CA for easy access from the airport, but this BS? Screw 'em! I'll take my registrations where it's easy to deal with. Like the 4 years or so I registered in Alabama!!! Quote Link to comment Share on other sites More sharing options...
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