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-   -   Car Title Situation (https://www.mercuryforum.com/forum/off-topic-9/car-title-situation-3266/)

MJB DIGITAL 09-09-2009 03:40 PM

Car Title Situation
 
OK So this is the first car that I have bought in my adult life that isn't from a dealer. That is my disclaimer that I will know in the future...

This is what happened:
I bought the car locally after I found it on craigslist for $300.00
I met the guy and handed over the cash and he signed the back of the title and the bill of sale and I was off.

Well, he wasn't the first one to sign the back of the title. This means that he never got the car officially titled into his name, and probably didnt pay his sales tax.

Fast forward to the DMV/DOR and they wont let me title my car unless the guy before me pays his sales tax and gets it titled into his name before I do.
The only info I have on the guy is the address of his apt, and I have no wheels to get there.

My other option is to get a declaratory judgment from my local county court. I first have to file a petition [for declaratory judgment] in the proper legal format. Then I will be issued a summons that I can serve to the DMV/DOR. Back in court, the judge may grant me ownership of my car and order the DMV to give me a title.

I have two problems here:
1) I can't find the right kind of attorney to help me create this petition. (This petition needs to be in proper legal format and submitted properly if the court will see it)

2) I can't find a form or an example of the proper format of the petition document so that I can create it myself.

Any input would be awesome. I'm up a creek without wheels.

Mitch

MJB DIGITAL 09-11-2009 08:51 AM

update!! the previous owner emailed me back!! i emailed a couple of people on facebook with his name and he emailed back!!

i borrowed a car yesterday and drove to his apt and left a note on the door. he emailed me and apologized for the hassle and said he would help!!

woot!

slymer 09-11-2009 11:49 AM

kewl... hopefully you'll get that sorted before you lose all your hair (from pulling it out).

MJB DIGITAL 09-13-2009 08:26 PM

I hope so because I already bit all of my fingernails off...

I think I'm going to end up paying for the guy to get it titled and taking the plates for myself, then get it titled to me on the next check.

kwolfeman91 09-22-2009 12:02 PM

ive never had to deal with anything like this before so i dont know what to tell you... but the internet is the key to everything... you might be able to google an attorney that is located near you that can straighten this out for you....

MJB DIGITAL 09-29-2009 02:37 PM

Man I was on the phone with the capitol (dept of rev) and decided to get a declaratory judgment of ownership for the title. I was googling attorneys and how to make a petition for hours..days, all because the guy wasn't staying in touch with me.

Finally I got a hold of him. He happened to be able to call me back when I said I had the money to pay all of the fees for him not getting it titled. ugh

Anyway

I'm on the road and LEGAL!!!
woohooooo!!!!!

slymer 09-29-2009 03:54 PM

w00t! now you can float legally!

MJB DIGITAL 09-30-2009 10:22 AM

I need some new shocks and springs so....its not floating exactly 8)

It's kinda like riding on choppy seas :cool:

kwolfeman91 09-30-2009 10:35 AM

glad to hear you got it straightened out...

slymer 09-30-2009 12:03 PM

front shocks are easy to replace... rear ones get a little difficult just getting to the top nut. definitely go with some gas filled shocks (gabriel ultras on my wife's 93 and it rides great - still have the OE shocks on my 88 and it's not bouncing yet). my experience with oil filled shocks on these land yachts is that they wear out too fast.


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