Hi list,
Delete this file if you don't care about the subject matter....
For those in Ohio (who care),
I recently submitted a "Petition to Obtain Title to Motor Vehicle" to the
Clerk of Courts of Cuyahoga County, Ohio for a "1942 Ford GPW or in the
alternative, as a 1942 Ford 1/4 ton truck (sic)". The vehicle has never been
titled and was purchased in NC. I recieved a notarized statement from the
seller stating that he had checked with the NC DMV and they had no record of
title. Also, I attached a "Contract of Sale", also notarized, stating price
and vehicle make, year and SN. I had checked on the Ohio Revised code web
site (look it up yourself, I'm too lazy to post a link) and BRIEFY reviewed
some of the pertinent statutes. I also have had what could only be termed a
positive experience with one of the wokers at the Clerk of Courts who has
been nothing but helpful and even sent me examples of other (successful)
Petitions to Obtain Title to Motor Vehicle. These examples were not for MVs,
but they were similar circumstances.
Since my submission of my documentary "evidence" (curiously, I am named as
"Plaintiff, and the Clerk of Courts is "Defendant"), I have recieved various
odd mailings... One from the Cuyahoga County Prosecutor stating that he,
"DENIES for want of knowledge sufficient to form a belief in ... all of the
allegations contained in para 1 through 4..." Paragraphs one through four
were my statements of (1) I'm a full time resident, (2) I purchased the
vehicle evidenced by Contract of Sale, (3) the vehicle was never registered
in origin state and that (4) I am the lawful owner of the vehicle.
Apparently, this notice of denial doesn't mean they have denied my request
as I originally thought, but that they deny knowing anything to the
CONTRARY. This is good news.
I have a court date in early January for a "case management conference" I
haven't a clue as to what that is, but I am required to go. They may, I'm
told, issue a judgement decree at that time, so I have at the urgings of my
helpful friend at the Clerk's office, prepared one for their signature. One
word of advice I got from the guy at the court office was that I should not
make any statements that I could not back up with documentary evidence ie.,
notarized statements or other official documents.
It is odd naming myself as the defendant and getting letters from the
prosecutor. Its a little scary. I don't have any experience with the courts,
except for the odd traffic ticket, and a few run ins from when I was a
juvenile delinquent so this is all rather new and exciting for me. Thus far
it has been a positive experience and I have gotten a chance to learn a
little about how the courts work (did I say SLOW?). I haven't gotten my
title yet, but I have no reason to suspect that I will not and if I don't,
it will be because the courts are obtuse and not because I did anything
wrong.
I know there are title companies around, and I have recieved numerous offers
from folks on the list that have offered to buy my jeep and sell it back to
me with a good title. This is my fall back option. Until then, I will
attempt to do it the "right" way. Maybe the right way is the hard way but
I'll feel better about it.
If anyone in Ohio is interested in obtaining my files in Word format of the
various documents I created to do this, or are in Cuyahoga County and would
like to get the name of my helpful contact at the court office, let me know
off list. Just so you are aware, I am not a lawyer, or in any way
knowledgable in legal matters beyond what I have managed to learn in this
process. Everyone's situation is different so use some common sense. It is
your best and only weapon against beauracracy.
Regards,
Bob Kelly
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This archive was generated by hypermail 2b29 : Wed Jan 05 2000 - 22:42:10 PST