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Petition for Declaratory Judgement

Discussion in 'Small Claims & Municipal Court' started by JMJ31685, Jul 13, 2018.

  1. JMJ31685

    JMJ31685 Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    I purchased a vehicle with a bad transmission from a customer.

    When they delivered the title it was never titled in their name, nor was it titled in the name of the person they bought it from though the previous seller (3 owners ago) did sign for it.

    I can not title the vehicle and the seller is telling me that if I want clean title I must pay both her and the previous owner's penalties.

    Now, I have possession of the title, a sales receipt from the person who brought the car to me stating the VIN, and possession of the vehicle.

    I have been told by the county court that I need to file a petition for declaratory judgment but I can not find any information on how to write one. The website the court clerk referred me to was for family law and covered divorces and child custody.

    I don't care about the money. I just want a title or a binding document saying that I can walk away from this mess clean.
     
  2. zddoodah

    zddoodah Well-Known Member

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    Go to the DMV or the DMV's web site about this. I have a hard time believing that whatever employee of the county court told you to file a declaratory relief action actually knows what he/she is talking about.
     
  3. JMJ31685

    JMJ31685 Law Topic Starter New Member

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    I actually did. 3 times at 2 locations. No dice.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Another sob story from someone who didn't check the title before buying the car. Sigh.

    Then see if you qualify to be able to post a bond to get the title:

    2015 Missouri Revised Statutes :: TITLE XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION (300-307) :: Chapter 301 Registration and Licensing of Motor Vehicles :: Section 301.192 Bonded vehicles, certificate of ownership may be issued, requirements--bond, release of, when.

    The DMV office will give you the instructions.
     
  5. army judge

    army judge Super Moderator

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    So far in this tragic scam, how much have you shelled out for the inoperable, rusting, bucket-o-bolts?
     
  6. JMJ31685

    JMJ31685 Law Topic Starter New Member

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  7. army judge

    army judge Super Moderator

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    At this point are you willing to throw more good money away to chase lost money?
     
  8. JMJ31685

    JMJ31685 Law Topic Starter New Member

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    "Now, I have possession of the title, a sales receipt from the person who brought the car to me stating the VIN, and possession of the vehicle.
    ...
    I don't care about the money. I just want a title or a binding document saying that I can walk away from this mess clean."
     
  9. Highwayman

    Highwayman Well-Known Member

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    Why did you do this to begin with???

    You didn't see that the title was improper before you completed the transaction?

    It's not your car, give it back to the customer who "sold" it to you and walk away from it. What's so hard about that?
     
  10. JMJ31685

    JMJ31685 Law Topic Starter New Member

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    The damn thing is abandoned in my parking lot.
     
  11. Highwayman

    Highwayman Well-Known Member

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    So? Tow it back and leave it in the "seller's" driveway.
     

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