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Court Ordered Vehicle Title

  • 9 min read

The Court Order Title Process.

If all else fails on a vehicle title problem or if you want to go directly to this process you can look at a court order title as a valid legitimate process to get a title for a vehicle. When you’re missing the proper documents if you bought a vehicle on Facebook or Craigslist and didn’t get a title or it’s been damaged or if there’s a lien holder on it, you can use the court order title process to leapfrog past any of the other loopholes,

And we’ve talked before about bonded titles in the Vermont loophole but in many cases that may not apply to you or you may not want to go through that, you may want to go right to a court order title and there are 3,611 different counties in the country.

Every county is going to do it a little different because the court order process is done at the county level but here’s an example from one particular country that will tell you what a general idea of this process is.

This happens to be in Ohio, It’s in Fairfield county and it has a very specific set of instructions and we’ll talk about this county and we also have an example here from Indiana which we’ll look at afterwards and even Georgia. So in this particular county it gives you a packet with the following documents, gives you the instructions, it gives you the petition example and it gives you a judgement entry example.

So what are the instructions and what are the reasons for doing it in a limited number of circumstances.

A judge can order the title office to issue you a motor vehicle title so if the DMV won’t give you a title because you’re lacking documents or your paperwork is wrong, a judge can overrule the DMV the or PennDOT in that case in Pennsylvania and some of these circumstances are the original title has been destroyed or stolen and a replacement is not available or if you have purchased a vehicle and the previous owner has failed refused or unable to provide you with properly assigned title, that’s what happens in most cases you purchase the vehicle the previous owner is refusing to give you a title that’s very very common.

Another example is if you’re a repair garage and the person who put the car in your shop didn’t pay the bill and it’s worth more than $3500 and there’s some very specific examples you have to follow in that but let’s take a look at what the steps if you believe that the code does apply to your scenario.

There are certain steps you will need to take before the court can consider your patient petition. So before you go to court you have to do these things every instance the first thing you have to do is try to go to the DMV to get a title, the easy way you go to the title issuing department of your state department of vehicles, bureau motor vehicles registry, whatever it’s called in your state.

First you have to try to make an application for a title, the old-fashioned way if they don’t give it to you then you can use the Court Order Title and here are the checklist steps.

Steps to obtain a Court Order Title?

Step one, you have to do a lien holder record, search at the DMV, in this case it tells you where that is in Ohio but in your state it could be somewhere else, you have to search for lien holders in their title record. 

Second, you have to do a vehicle owner record search in the same title records, sometimes you might have to pay for that five bucks here five bucks there, whatever it is, once you have obtained the official records of the lien holder and the vehicle owner then you have to send certified mail notifications to the current owner and lien holder letting them know you’re intending to get a Court Order Title. You have to retain copies of those letters along with the receipts because you’re going to need that in court in Ohio. You have to wait 15 days, some states you have to wait longer.

Now the reason why step one and two is here first because you can’t just send certified mail to some random address that you think that’s where the owner is, you can’t send it to even if you have something from the glove compartment of the car that says the owner lives at 12 main street, you have to use the information that came from that official vehicle owner record search, so don’t try to use some other random address even if you think the address that you have in the glove compartment is more updated. You have to use the address that they gave you at the DMV.

Step four, you have to do an inspection of the vehicle, if you notice that comes next you don’t do that first you want to do these steps first because you have a waiting period and if you do this step four inspection, first you might get rejected when you turn all this in because the date is going to be after you set the certified mail you have to pay $53.50 for that inspection in Ohio, some states are different, make sure you get that inspection because if that’s not done or if it’s done too early or too late you’ll get rejected.

Then after you have the inspection and you set that out then you file your petition with the court file, your petition with the court they will open a miscellaneous civil case and you have to submit your notarized copy, copies of the certified mail, the copy of the inspection all other documentation proof you try to contact them do you have insurance, do you have copies of checks whatever documentation you have, think about it as evidence for that court, think about it as you’re you know an attorney, you’re Johnny Cochran you’re bringing evidence to the court and you want to prove your case. Bring everything that you have about that vehicle.

Then step seven, is you appear before the judge, they’ll have all that evidence after you file a petition they’re gonna schedule an oral hearing you’re gonna have to go in front of the judge and tell them your story that matches up with all your evidence if your petition is granted the judge will sign the judgement and give you that court order it’s not the title but it’s the court order.

Step eight and look at this we’re already on eight steps you take that court order and you present it to the title office they won’t give you the title on the spot because it tells you right here.

Step nine, you have to return to the title office to get the title you’re gonna need your photo ID showing who you are and title fees and if you have to pay tax pay taxes. it’s a nine step process this is Ohio, most states are the same.

Let’s take a look at Indiana what do they say title application checklist if you are unable to establish ownership through the normal title application process. You must obtain a court order once you receive the court order then you have to submit this paperwork application for title inspection of the vehicle we saw that before you have to do an odometer statement.

This is for mobile homes only, you have to submit proof of address showing that you live where you live and payment in this case, it’s 15 bucks unless you want to do a speed title which is 25 bucks. 

Here’s all your forms that you need for Indiana, remember it’s not guaranteed they’re going to give you a title if they find something sketchy about your vehicle there’s a prior owner that’s coming forward or the lien holder says no there’s money owed and we want our car back or if you don’t have the right documentation they can reject it but a court order title is an underappreciated method of getting a title that people overlook all the time that could be used when all else fails.

Consider all of your options bonded title Vermont process prior owner contact lien release if you’re in a position where nothing else is working don’t forget you have court order title.

Is it a pain in the neck? Yeah Indiana here’s their checklist, Ohio step nine you got to do a lot of stuff jumping through hoops they don’t make it easy but remember the reason they’re doing this is because you’re trying to get something given to you that’s worth money. Whatever that vehicle is worth, if it’s worth five thousand dollars you’re asking the court to hand over to you five thousand dollars or whatever the vehicle is worth, so they’re going to make you jump through a few hoops they’re not just going to say hey just give me this vehicle for free they want to know what’s going on with it and they’re going to do some research, you’re going to do some research you’re going to do some contacts.

But if you have a legitimate vehicle title problems and the vehicle is genuinely yours and all else fails, this court order title process can really be a lifesaver as long as you go through all these steps. Step three, step four, step five, whatever it is in your particular country and our website has more details on in other jurisdictions you can use this process to be the savior of your title defect issue.

If you have other questions you can reach us at our website cartitles.com you can access information, access forms or even ask us to assist you with any of these processes.

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