Ask Me Help Desk - Smal Claims for car title

Smal Claims for car title

HI there,

So, my boyfriend bought a truck from his "friend". We've just made the last payment, well now its time to sign over the title. The friend works on the road, and he won't answer his phone, won't call us back. We need the title for the vehicle. We went into the auto licensing place and they said that we will have to take them to small claims court. How do we go about this? How much will it cost? Do we get reimbursed our court costs if we win? We live in Washington state by the way.

Thank you.

Yes, you would be awarded court costs if he wins. Small Claims Court does charge a filing fee. Also you would probably want to have him properly served by a process server if you can ever catch the guy at home. Your boyfriend needs to go to the Courthouse in person and get the forms to fill out from the Clerk's Office. If he needs help filling out the forms, there is usually someone there at the courthouse who can help him. Hopefully he paid each payment with a check so he has proof of payment. Also he will need to attach any other paperwork he has such as a Bill of Sale showing the purchase was to be made by monthly payments.

How did boyfriend get the truck registered in his name for the license plates if he did not have a title?

Thanks for all the info. Payments were deposited straight into sellers account. He hasn't registered it in his name. He needs to do that. But he can't until he has the title.

Was there anything in writing about the sale. Vechle sales are required to be in writing ( in most states)

The filing fee here in Small Claims is $35 and if you want personal service it's an additional charge. If I were your boyfriend I'd hire a process server and give the process server all the info you can on this guy. Phone #, employment address, home address, make and model of car he drives, and when he comes home from the road so the process server can properly serve him then there is no question when he does not show up in Court that he was served and got the Summons and Complaint.

GOOD NEWS: Boyfriend's friend called today, and said that he was on the road/dead cell/sending title/should be here Tuesday!! So we'll just see..

Quote:

Originally Posted by ChihuahuaMomma

We went into the auto licensing place and they said that we will have to take them to small claims court.

For future reference, you can't any relief oter than a money judgment in small claims court: you can't get the court to order the defendant to sign over the title for example.

Quote:

Originally Posted by AK lawyer

For future reference, you can't any relief oter than a money judgment in small claims court: you can't get the court to order the defendant to sign over the title for example.

Not even with a notarized title that the defendant signed?

Quote:

Originally Posted by ChihuahuaMomma

Not even with a notarized title that the defendant signed??

If you have a signed title, why would you need another one?

Quote:

Originally Posted by AK lawyer

If you have a signed title, why would you need another one?

I meant to say bill of sale.

If you have a notarized bill of sale as well as proof that you made all the necessary payments, you may not even need to go to small claims.

Have you tried taking your documentation to the DMV and seeing what they say about it? I knew someone who filed for bankruptcy and received a letter from a lienholder stating that they had no interest in the vehicle, but not an actual "lien release." Well, he was able to take that letter as proof of "lien release" and the DMV issued him a clean title.

Quote:

Originally Posted by ChihuahuaMomma

Not even with a notarized [bill of sale] that the defendant signed??

Not even.

Small claims court typically doesn't have jurisdiction to do anything but issue a money judgment up to a certain amount.

Quote:

Originally Posted by this8384

If you have a notarized bill of sale as well as proof that you made all the necessary payments, you may not even need to go to small claims.

Have you tried taking your documentation to the DMV and seeing what they say about it? I knew someone who filed for bankruptcy and received a letter from a lienholder stating that they had no interest in the vehicle, but not an actual "lien release." Well, he was able to take that letter as proof of "lien release" and the DMV issued him a clean title.

I stated that I did go to the DMV and they are the ones that told me that I will have to go to small claims. I also stated that I didn't have proof of the payments as they were all deposited directly into the friend's bank account.

OTHER NEWS: The title still hasn't shown up yet, it was supposed to be here three days ago.

Quote:

Originally Posted by AK lawyer

Not even.

Small claims court typically doesn't have jurisdiction to do anything but issue a money judgment up to a certain amount.

That's odd both the Licensing office and the DMV said that we will have to take it to small claims. Now we don't know what to do.

Quote:

Originally Posted by ChihuahuaMomma

That's odd both the Licensing office and the DMV said that we will have to take it to small claims. Now we don't know what to do.

You can take them to court for an order that they sign off the title, just not "small claims" court.

Alternatively, I suppose you could sue them in small claims for the money you paid them, and then, take the small claims judgment back to the DMV as proof of payment.

Quote:

Originally Posted by AK lawyer

You can take them to court for an order that they sign off the title, just not "small claims" court.

Alternatively, I suppose you could sue them in small claims for the money you paid them, and then, take the small claims judgment back to the DMV as proof of payment.

That's not a bad idea.