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Writ of Mandamus

Discussion in 'The Hokey Ass Message Board' started by nefareous, Mar 24, 2010.

  1. nefareous
    Joined: Nov 21, 2008
    Posts: 359

    nefareous
    Member
    from maryland

    :) I just want to p*** this along to fellow car nuts who may find this useful. Recently I bought a vehicle at a yard sale..I got a receipt, but no ***le. I`ve done this many times in the past and usually go through a lot of **** to get one. So this time I go the the MVA with only the hand written receipt, knowing that the would say NO. I spoke to the supervisor and was told to do the following: "Go to the Circuit Court and file a Writ of Mandamus". This is a legal process, whereby the Circuit Court as a "higher legal authority", orders or mandates the MVA as the "lower public legal authority" to issue ***le. It cost me a $105.00 filing fee, but its certainly the path of least resistance.
     
    -Brent-, GuyW, chryslerfan55 and 3 others like this.
  2. mikeco
    Joined: Nov 3, 2008
    Posts: 393

    mikeco
    Member
    from virginia

    MVA is Latin for CLUSTERF**K.
     
    hrm2k and lothiandon1940 like this.
  3. Hollywood-East
    Joined: Mar 13, 2008
    Posts: 2,147

    Hollywood-East
    Member

    Sounds like how to re-***le a stolen car..
     
  4. GTS225
    Joined: Jul 2, 2006
    Posts: 1,298

    GTS225
    Member

    I'd be willing to bet that the MVA/DMV has the authority to deny, and send back to the judge, if the VIN flags as stolen.

    Just my opine.....Roger
     
  5. vintage6t
    Joined: Jul 30, 2007
    Posts: 426

    vintage6t
    Member
    from CT

    What can and can't be done legally is very dependent on what state you live in.
     
  6. lothiandon1940
    Joined: May 24, 2007
    Posts: 32,411

    lothiandon1940
    Member

    Many laws and legal decisions don't always address the moral turpitude of a particular issue.
     
  7. This is basically what my Missouri Motor Vehicle Inspection Station directed me to do. I bought my '29 Model AA back in 1974 and got a notarized bill of sale with the vehicle number on it but not a ***le. I've been working on this all of these 51 years and now I'm probably a few months from going to the circuit court judge to file my writ of mandamus seeking a court order to issue me a ***le. I'll still have to take the vehicle to the MVIS to be checked out for functionality and adherence to what is required. We'll see how it turns out. Stay tuned.
     
  8. lothiandon1940
    Joined: May 24, 2007
    Posts: 32,411

    lothiandon1940
    Member

    ..Are you saying that the State requires the inspection before issuing a ***le or before you can actually register it and license it? I guess my question would be, why did you wait so long to acquire legal ***le (ownership) of the truck? Just curious. Hope all goes well for you at the MVA.
     
    alanp561 and hrm2k like this.
  9. snoc653
    Joined: Dec 25, 2023
    Posts: 1,005

    snoc653
    Member
    from Iowa

    To register a vehicle you generally need a ***le. While you can buy parts with a bill of sale, you need a ***le to register it. Many states require a non-***led vehicle be inspected and verified legal before issuing a ***le. The court order is a way of limiting how many hoops the DMV can make you jump through.
    As mentioned above as a way of ***ling stolen vehicles, yes and no. You can possibly get a new ***le if the VIN does not come back ***led or if you seek a new VIN for the vehicle. However, if the vehicle is discovered as stolen attempting this process can be used to show intent in a criminal case and does not protect you from being in possession of stolen property.
     
    down-the-road and lothiandon1940 like this.
  10. Tow Truck Tom
    Joined: Jul 3, 2018
    Posts: 3,431

    Tow Truck Tom
    ALLIANCE MEMBER
    from Clayton DE

    @nefareous Curious to know.
    What type of vehicle in what level of completeness, condition, age etcetera.
    As they say DEETS:)
     
    lothiandon1940 likes this.
  11. lostn51
    Joined: Jan 24, 2008
    Posts: 3,324

    lostn51
    ALLIANCE MEMBER
    from Tennessee

    The only reason I see having to do something like this is whenever the state never issued a ***le, the car was a bill of sale thing. Mississippi was like that and I can’t remember when they stopped the practice but my dad and I have bought several cars with just that. But if I recall we parted them out so we never had to register one.
     
  12. y'sguy
    Joined: Feb 25, 2008
    Posts: 801

    y'sguy
    Member
    from Tulsa, OK

    I've always said, "mandatmussa cost a lotta money"
     
    Tow Truck Tom likes this.
  13. hotrodjack33
    Joined: Aug 19, 2019
    Posts: 4,892

    hotrodjack33
    ALLIANCE MEMBER

    Don't think we''ll get much of a response. @nefareous hasn't been on the HAMB for 11 years.
     
  14. lostn51
    Joined: Jan 24, 2008
    Posts: 3,324

    lostn51
    ALLIANCE MEMBER
    from Tennessee

    He might be in jail for all we know. Eventually all the bad things will come back and bite him in the ***.
     
  15. hotrodjack33
    Joined: Aug 19, 2019
    Posts: 4,892

    hotrodjack33
    ALLIANCE MEMBER

    LOL. Yeah, we can only hope;)
     
    lothiandon1940 likes this.

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