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Pensacola Discussion Forum » General Discussion » A different view of traffic cameras

A different view of traffic cameras

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Guest


Guest

I know the subject of traffic cameras was debated to death before, but my husband and I are now in a situation that I would never have anticipated.  The camera captures a tag number and the ticket goes to the registered owner of the vehicle.  We are now getting tickets in the mail for the car that belonged to my MIL who died several months ago.  Her will left her car to the oldest son.  He has not transferred the title, the tag expired in October, there is no insurance, and he has a suspended license.  His license is suspended for FTA on charges of driving a vehicle (one his mother bought for him) with an expired tag, title not transferred and no insurance.  

My husband was the executor of his mother's will.  The car is the only asset still in her name.  We have tickets from Mobile and NOLA, all in her name but all coming to our home address.  The estate has gone through probate and as far as the court is concerned, the estate is settled.  

We look at these tickets and at the collection notices that are also coming to our address, and we wonder what degree of liability there might be for us.

TEOTWAWKI

TEOTWAWKI

BirdyBack wrote:I know the subject of traffic cameras was debated to death before, but my husband and I are now in a situation that I would never have anticipated.  The camera captures a tag number and the ticket goes to the registered owner of the vehicle.  We are now getting tickets in the mail for the car that belonged to my MIL who died several months ago.  Her will left her car to the oldest son.  He has not transferred the title, the tag expired in October, there is no insurance, and he has a suspended license.  His license is suspended for FTA on charges of driving a vehicle (one his mother bought for him) with an expired tag, title not transferred and no insurance.  

My husband was the executor of his mother's will.  The car is the only asset still in her name.  We have tickets from Mobile and NOLA, all in her name but all coming to our home address.  The estate has gone through probate and as far as the court is concerned, the estate is settled.  

We look at these tickets and at the collection notices that are also coming to our address, and we wonder what degree of liability there might be for us.

NONE: they have to prove YOU were driving it to make you pay.

Guest


Guest

If the violations had been observed by a police officer instead of cameras, the BIL would be in jail right now and the car impounded. He has been on a major drug binge since my MIL died.

Floridatexan

Floridatexan


Where does he live, Birdy?

Guest


Guest

Floridatexan wrote:
Where does he live, Birdy?

He, his son and his grandson all lived with my MIL. I have no clue where he lives now. For a while he was homeless and panhandling at W & Beverly.

Guest


Guest

Geeez Birdy... terrible situation and I'm sure not good for your husband after loosing his mother. I think I would write to the courts with a copy of the death certificate and other pertinent info. You might even submit a letter to the court that settled the estate.

Guest


Guest

My daughter talked to one of her PPD friends.  He suggested that my husband report the car stolen.  He's going to try that Monday.

This car is just the tip of the iceberg.  I have never seen anything like the events that have transpired since my MIL died.  The oldest brother sold everything in the house. That included family pictures dating back to 1930. That included everything of value that belonged to his grandson.  After the house was stripped, he and his son left, abandoning the grandson.  He quit his job.  He cashed out his 401K.  He ran up a mountain of debt in his deceased father's name.  He is a Jr, so he applies for cards using Sr and his dad's social security.  When they closed on the house, he had a construction job in Sarasota.  He quit that job.  He has been high as a kite every time we have seen him or talked to him.  He is on a major downward spiral.  

His son was in jail for child neglect.  He is now wanted for VOP.  When he got out of jail, he listed my MIL's address as his home, knowing that the house was vacant and the sale pending.

Joanimaroni

Joanimaroni

Take the tickets,  a copy of the will, and the death certificate to the State Attorney. A multi state "bolo" for the car needs to be issued.

2seaoat



I would send a final accounting of the estate to the Florida DMV with copies of the violations. They should revoke the registration, and the next time he is pulled over and issued a citation.....he goes to jail. The problem with the red light citation as a civil action and claim against the estate is ab initio void because the owner is dead and if the estate has already been closed and assets disbursed, you an your husband should have no liability. However, if the estate is not closed and the court finds the administrator negligent in not contacting the DMV in a timely manner, it may be a legitimate and timely claim against the estate. There are time limits to vacate a civil judgment, and in unique situations where a fraud is involved it can be extended, but I do not see fraud here, just untimely notice to the DMV.

Guest


Guest

if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.

2seaoat



if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge. The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter. Under the civil practice act there are strict rules on how a judgment after the fact can be vacated. If the estate has already been probated and closed and assets distributed, the judgment cannot be collected. If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

Guest


Guest

I wouldn't report the car stolen as the car wasn't. You may get in trouble for filing a false police report. I think that's bad advice. I don't think you have any liability at all. The car was left to the son who failed to change the title. Your MIL and the son are responsible.Your husband was never an owner.

Guest


Guest

2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

TEOTWAWKI

TEOTWAWKI

I wouldn't report the car stolen unless you want your BIL shot dead.

Guest


Guest

Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.


That's stupid advice. The estate is closed and they're not responsible for paying the tickets. There's nothing they can do to collect on the tickets.The MIL is dead.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Guest


Guest

TEOTWAWKI wrote:I wouldn't report the car stolen unless you want your BIL shot dead.

I think they can get in trouble for reporting that. The car was left to him in a will. It is not stolen.They will get him eventually for FTA and other things if he is pulled over again.

Floridatexan

Floridatexan

Birdy, neither your husband nor you ever had title to that automobile, if I understand you correctly.  You can't report it stolen.  However, it does appear that your brother-in-law and your nephew are guilty of grand theft...selling the contents of the house.  What you do about that is up to you.  Meanwhile, where is your great nephew? How old is he?

Floridatexan

Floridatexan

Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Let me put THIS in PLAIN ENGLISH...you're giving bad advice. Stop it.

Guest


Guest

Floridatexan wrote:
Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Let me put THIS in PLAIN ENGLISH...you're giving bad advice.  Stop it.

Im not giving bad advice. these are the FACTS.

If they can not PROVE they did NOT have procession of that vehicle when these infractions occurred, deal with it. It should be a simple process to prove they didn't have it, if they didn't.

because kids lie and will say anything to get them out of trouble.

the cops know this. so you better be able to prove you did not have procession of the car.


Markle

Markle

It would seem that the attorney that handled the probate is responsible. They were responsible for seeing to it that the car was put in the name of the recipient prior to their getting possession. They should have also seen to it that the house was secured until the will could be filed and the actions it called for had been fulfilled.

I'd go back to the attorney and tell them hey, this happened on your watch, now clean it up.

Guest


Guest

Chrissy wrote:
Floridatexan wrote:
Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Let me put THIS in PLAIN ENGLISH...you're giving bad advice.  Stop it.

Im not giving bad advice. these are the FACTS.

If they can not PROVE they did NOT have procession of that vehicle when these infractions occurred, deal with it. It should be a simple process to prove they didn't have it, if they didn't.

because kids lie and will say anything to get them out of trouble.

the cops know this. so you better be able to prove you did not have procession of the car.




Again...not true and they are not the owners of the car. They don't have to prove anything.

Guest


Guest

Markle wrote:It would seem that the attorney that handled the probate is responsible.  They were responsible for seeing to it that the car was put in the name of the recipient prior to their getting possession.  They should have also seen to it that the house was secured until the will could be filed and the actions it called for had been fulfilled.

I'd go back to the attorney and tell them hey, this happened on your watch, now clean it up.

More bad advice. The atty. is not responsible.You can't make someone put a car in their name. They only disperse the assets like the administrator. The guy is responsible and will be held responsible.

Floridatexan

Floridatexan

Chrissy wrote:
Floridatexan wrote:
Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Let me put THIS in PLAIN ENGLISH...you're giving bad advice.  Stop it.

Im not giving bad advice. these are the FACTS.

If they can not PROVE they did NOT have procession of that vehicle when these infractions occurred, deal with it. It should be a simple process to prove they didn't have it, if they didn't.

because kids lie and will say anything to get them out of trouble.

the cops know this. so you better be able to prove you did not have procession of the car.



Are you talking about "possession"? You're not even making any sense. I believe Joanie is correct. Take the pertinent documents to the State Attorney's office.

Markle

Markle

Dreamsglore wrote:
Markle wrote:It would seem that the attorney that handled the probate is responsible.  They were responsible for seeing to it that the car was put in the name of the recipient prior to their getting possession.  They should have also seen to it that the house was secured until the will could be filed and the actions it called for had been fulfilled.

I'd go back to the attorney and tell them hey, this happened on your watch, now clean it up.

More bad advice. The atty. is not responsible.You can't make someone put a car in their name. They only disperse the assets like the administrator. The guy is responsible and will be held responsible.

The attorney would have delivered the title to the title office and transferred the ownership to the person in the will. If the person did not want the car, they could have taken the title to a local charity and signed it over to them. An attorney would NOT have left a loose end like that hanging out there begging for just the sort of problems which have come to pass.

Guest


Guest

Dreamsglore wrote:
Chrissy wrote:
Floridatexan wrote:
Chrissy wrote:
2seaoat wrote:if the ticket dates are before you got the car, then fight it. if you cant prove that, pay them. someone could be lying.




The red light violations are not uniform citations, but are a civil hearing before an administrative judge.  The judgment is civil in nature, and if a person does not make a timely defense to the violation a judgment will enter.  Under the civil practice act there are strict rules on how a judgment after the fact can be vacated.  If the estate has already been probated and closed and assets distributed, the judgment cannot be collected.  If the estate is still open, the administrator once having knowledge of the tickets must inform the court of the claim.

whatever...

let me put this in PLAIN ENGLISH.

if you cant PROVE that car was not in your procession at the time of those traffic infraction pics, better pay them.

Let me put THIS in PLAIN ENGLISH...you're giving bad advice.  Stop it.

Im not giving bad advice. these are the FACTS.

If they can not PROVE they did NOT have procession of that vehicle when these infractions occurred, deal with it. It should be a simple process to prove they didn't have it, if they didn't.

because kids lie and will say anything to get them out of trouble.

the cops know this. so you better be able to prove you did not have procession of the car.




Again...not true and they are not the owners of the car. They don't have to prove anything.

in that case. no need to worry about it and we will see how that works out.

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