#881 ·
Hey everyone, I’ve got two questions here—hopefully someone knows their way around this stuff. Both deal with asset seizures and seizing personal property. Let's say you get hit with an enforcement order at 8:00 AM stating you can't touch your movable assets until an inventory is made, even though you have the right to appeal which would technically stay the order. If you manage to sell that car at 8:10 AM and the buyer heads over to the DMV at 8:30 AM, will they actually be able to transfer the title to their name? And if they succeed, leaving nothing left to satisfy the seizure, does the person who sold the car face any consequences? Like, how exactly do they answer for that? Also, what if the car belongs to a corporation? Say they issue an invoice dated a month ago—making it look like the car was sold well before the enforcement order ever existed—but the buyer doesn't actually transfer the title until a month later (after the order has already arrived). Will the seller be held liable? Specifically, who takes the fall—is it the LLC itself or the individual signing off on everything, like the CEO? Is this considered a criminal offense?
The same logic applies to the buyer's side of things. For example, a buyer picks up a vehicle from a company that issues them an invoice, and the buyer plans to handle the registration swap once the current tags expire—which isn't exactly the "proper" way to do it, but it happens all the time. At the moment of sale, the seller didn't have an active enforcement order against them (so you couldn't really say they scammed the buyer, even if they're currently ignoring an order they haven't acknowledged yet), but what are the buyer's options if things go sideways? Are they just stuck sitting there and taking it, or can they still transfer the title based on that invoice? Also, does anyone know how long it takes for a lien or a notice to actually show up in the system so the DMV sees that the property is restricted? Does that happen immediately upon service of the order, or only after the window for an appeal closes?
The same logic applies to the buyer's side of things. For example, a buyer picks up a vehicle from a company that issues them an invoice, and the buyer plans to handle the registration swap once the current tags expire—which isn't exactly the "proper" way to do it, but it happens all the time. At the moment of sale, the seller didn't have an active enforcement order against them (so you couldn't really say they scammed the buyer, even if they're currently ignoring an order they haven't acknowledged yet), but what are the buyer's options if things go sideways? Are they just stuck sitting there and taking it, or can they still transfer the title based on that invoice? Also, does anyone know how long it takes for a lien or a notice to actually show up in the system so the DMV sees that the property is restricted? Does that happen immediately upon service of the order, or only after the window for an appeal closes?