How do you get a court order in Florida to get a title the seller wont give you?

Answer 1

　

Certificate of Dishonor effectively used for Declaratory Judgement to perfect the involuntary transfer of a motor vehicle title

　

I was battling a quiet title controversy over a Dodge truck.

Facts:

Out of state truck contracted / sold to me by an un-notarized contract.

The owner failed to deliver the title and the truck is here in Florida from Arkansas.

The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.

The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.

The due diligence affidavit, that accompanied the civil action, was suggested to have me hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state

The only evidence I produced was the Certificate of Dishonor which took 20-days and the cost of a notary (no PI, or interstate travel, etc).

I think I have stressed the fact that the controversy was interstate ....

Resolution:

1. I created the Letter Rogatory supported by an Affidavit in Negative Averment.

2. I petitioned a notary by affidavit to begin a protest.

3. The notary sent the Notice of Dishonor (with presentment attached) via certified return receipt;

4. Then the notary sent the Notice of Protest 1-page notice via delivery confirmation;

5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.

6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Affidavit for Title.

7. One week later the court delivered the Declaratory Judgment.

8. The truck is now titled and registered to me.

For the mailings of notices, I had the notary use a US Postal product.

It is always helpful to have someone witness all documentation sent, so there are 2 persons' signatures (other than your own) on the record - a la "out of the mouth of 2 or 3 comes the truth", with the sender / notary writing a certificate of content/service describing the contents of the envelope(s).