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-   -   Filing a motion in a Civil Case (https://www.askmehelpdesk.com/showthread.php?t=283779)

  • Nov 21, 2008, 09:08 PM
    bizangel
    Filing a motion in a Civil Case
    How do I go about filing a Pro se motion in County Court, Florida?
  • Nov 22, 2008, 07:20 AM
    JudyKayTee
    Quote:

    Originally Posted by bizangel View Post
    How do I go about filing a Pro se motion in County Court, Florida?


    Need more info - what kind of case, what is the purpose of the motion?
  • Nov 22, 2008, 07:26 AM
    Fr_Chuck

    Pro se merely means you are filing it yourself without an attorney,

    So that is not a type of motion it is who is filing the motion, what type of motioin

    But since this is in small claims, you go to the small claims court and ask for the forms to file a case, you fill in the blanks and pay the fee
  • Nov 22, 2008, 09:11 AM
    bizangel
    I want a court order so that I can title & register a vehicle that the title has been lost.
  • Nov 22, 2008, 09:14 AM
    JudyKayTee
    Quote:

    Originally Posted by bizangel View Post
    I want a court order so that I can title & register a vehicle that the title has been lost.


    Florida requires a Court Order? Can't you just fill out an Affidavit of Lost Title? Who would you be filing (the Motion) against?
  • Nov 22, 2008, 09:53 AM
    JudyKayTee
    Quote:

    Originally Posted by Fr_Chuck View Post
    Pro se merely means you are filing it yourself without an attorney,

    So that is not a type of motion it is who is filing the motion, what type of motioin

    but since this is in small claims, you go to the small claims court and ask for the forms to file a case, you fill in the blanks and pay the fee



    Agreed but I'm not sure this belongs in Small Claims - sounds like the Motion is the first legal document to be filed - ?
  • Nov 22, 2008, 04:02 PM
    Fr_Chuck

    Ok, if you own the vechile, and lost the title, you go down to the DMV and request a new title and pay a fee.

    If you are buying it from someone, don't buy it until they go and get a clear title to present to you.
  • Nov 23, 2008, 06:57 PM
    twinkiedooter

    In Florida you go to the DMV and get a duplicate title issued if you were the owner listed on the title in the first place. You will need the VIN off the vehicle so write down the number and bring your ID with you. It will probably cost you about $10 for a new title. As far as the registration is concerned, you can get a duplicate of that also for a small fee under $10. You don't need to go to County Court for this if the vehicle was in your name on the title and the registration.
  • Nov 24, 2008, 08:12 AM
    bizangel

    Thank you very much to all of you. Since the title was originally issued to another person, I will need to make a motion, submitting all the information pertaining to case to the Circuit Court so that the Court can issue an Order Directing the DMV of FL to issue a new title.
  • Nov 24, 2008, 08:32 AM
    twinkiedooter

    Do you have a bill of sale for the vehicle? Why not go back to the "another person" and have them get a duplicate title?
  • Nov 24, 2008, 08:36 AM
    ScottGem

    Ok, lets explain how this works. You post a question here. Sometimes that question is clear and the answer cut and dried. But most of the time, people post a specific question that can't be answered without knowing the background. In such a case you really have to tell us the whole story if you need help. And this is such a case.

    If the title was issued to someone else, you need to explain to use why you think you are entitled to the title. Once we know that, we can advise how you need to proceed.
  • Nov 24, 2008, 08:36 AM
    JudyKayTee
    Quote:

    Originally Posted by bizangel View Post
    Thank you very much to all of you. Since the title was originally issued to another person, I will need to make a motion, submitting all the information pertaining to case to the Circuit Court so that the Court can issue an Order Directing the DMV of FL to issue a new title.


    Must vary from State to State - I'm in a similar situation concerning an estate and I have to take action against the other person in an attempt to get an Order for the other person to sign the Title. The State has nothing to do with the problem.

    I'm confused about your situation -
  • Nov 24, 2008, 05:08 PM
    bizangel

    Twinkie,

    Can't find the previous owner.
  • Nov 24, 2008, 05:37 PM
    ScottGem

    You keep posting little bits of the story, therebey wasting your time and ours.
  • Nov 24, 2008, 06:21 PM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    You keep posting little bits of the story, therebey wasting your time and ours.



    Beat me to it - and it doesn't make sense, anyway.
  • Nov 25, 2008, 07:33 AM
    bizangel

    I have posted an answer previously that explains the procedure here in FL.
  • Nov 25, 2008, 08:41 AM
    this8384

    If you're that confused, go to the courthouse and explain your situation to the clerk. S/he will be able to tell you what paperwork you need to fill out, if any.

    I agree with the others; this doesn't sound like a matter for the state... but that's just lil' ol' me.
  • Nov 25, 2008, 12:59 PM
    ScottGem
    Quote:

    Originally Posted by bizangel View Post
    I have posted an answer previously that explains the procedure here in FL.

    I'm going to try one more time. If you expect help from us you need to to tell us the WHOLE story. How you came to possess the car and why you don't have a title. Anything less is not enough for us to help.
  • Nov 25, 2008, 02:30 PM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    I'm going to try one more time. If you expect help from us you need to to tell us the WHOLE story. How you came to possess the car and why you don't have a title. Anything less is not enough for us to help.


    I'm working on registering and insuring the vehicle without a title.

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