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Transfer Of Motor Vehicle Title (Instructions And Forms) Form. This is a Minnesota form and can be use in Hennepin Local County.
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Tags: Transfer Of Motor Vehicle Title (Instructions And Forms), Minnesota Local County, Hennepin
INSTRUCTION GUIDE TO OBTAIN A COURT ORDER
FOR TRANSFER OF MOTOR VEHICLE TITLE
Use these forms if you bought a motor vehicle and the seller has not given you
the title or other documents required by the division of Minnesota Driver and
Vehicle Services (DVS) and DVS has not put your name on their records for
the vehicle.
By filing this motion, you are commencing a district court action asking a judge to issue an order
directing the Commissioner of the Department of Public Safety to issue a title to a motor vehicle
in your name. You will be required to prove that you are the rightful owner of the vehicle as
well as why you are not able to obtain a title in your name through the usual means. Even if the
court issues the order, you will still be required to apply for a title through DVS (submitting a
certified copy of the order with the application) and pay all applicable taxes and fees, if you have
not done so already.
You may NOT use this court process if Minnesota law requires a specific process for
obtaining a title in your name under the particular circumstances. Some such circumstances
include:
If the title is in your name, but the title has been lost or destroyed. In that situation, you
may apply for a duplicate title at any motor vehicle registration office. See MN Statutes §
168A.09, subd. 1
If the vehicle was abandoned on your property. In that case, you must follow the
procedures for disposition of abandoned property. See MN Statutes Chapter 168B.
If you performed work on the vehicle and the owner has failed to pay for those services.
In that case, you must follow the procedures for a satisfaction of a mechanic’s lien. See
MN Statutes §§ 514.18 to 514.22.
If the vehicle is part of an estate after the death of the owner. In that case, you must
follow the procedures for the probate of an estate. See MN Statutes Chapters 524 & 525.
Note that an executor or administrator of an estate can apply for a duplicate title in the
name of the decedent.
If you still need to proceed, you will need to open a case in District Court. The following
documents are required to open the case:
Notice of Motion, Motion and Affidavit for Order Directing Issuance of the Title to a
Motor Vehicle
Pay the filing fee or seek fee waiver order (IFP)
Helpful materials may be found at your public county law library. For a directory, see
http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court
administrator or call the Minnesota State Law Library at 651-296-2775.
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Steps that must be followed to bring your case before the judge:
1.
Complete all information on the Notice of Motion, Motion and Affidavit for Order
Directing Issuance of Title to a Motor Vehicle. Call or go to court administration and
request a date and time for a hearing on your motion. Fill in the hearing information
on your Motion. You will need to appear in court for the hearing. DO NOT
complete the Affidavit of Mailing section at this time.
2.
Sign and date the Notice of Motion, Motion and Affidavit for Order Directing
Issuance of Title to a Motor Vehicle in front of a notary public or a court deputy.
3.
Make a copy of the signed and notarized Notice of Motion, Motion and Affidavit for
Order Directing Issuance of Title to a Motor Vehicle for each person you have named
as a seller of the vehicle and a copy for the Commissioner of the Department of
Public Safety. Make one additional copy for your records.
4.
A copy of the Notice of Motion, Motion and Affidavit for Order Directing Issuance
of Title to a Motor Vehicle must be served on the seller(s) and the Commissioner of
the Department of Public Safety by first class mail. The copy for the Commissioner
of the Department of Public Safety may be mailed to:
The Commissioner of the Department of Public Safety
C/o Attorney General’s Office, Public Safety Division
445 Minnesota Street Suite 1800
St. Paul MN 55101-2134
Service may also be by personal service in accordance with the Minnesota Rules of
Court, Rules of Civil Procedure, Rule 4.03 Personal Service.
Mailed service or personal service must be made by someone at least eighteen
(18) years of age and not a party to the action. Papers cannot be served on legal
holidays. Service must be completed at least 28 days before the hearing date. 3
days must be added if service is by mail.
5.
The “Affidavit of Mailing” is part of the form Notice of Motion, Motion and
Affidavit for Order Directing Issuance of Title to a Motor Vehicle. The Affidavit of
Mailing tells the Court who served the papers on the other parties and how and when
the papers were served.
The person who served the papers (by mail or by personal service) should complete
the “Affidavit of Mailing” on the original Notice of Motion, Motion and Affidavit for
Order Directing Issuance of Title to a Motor Vehicle form and sign it before a Notary
Public or court deputy.
6.
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Bring or mail your completed forms to court administration for filing at least 28 days
before the hearing date. There is a statutory fee for filing this action which must be
paid when you file your papers. If this is a hardship, you may qualify to have the fees
waived if your income falls within the Federal Poverty Guidelines. Forms to ask to
have the filing fee waived are available at court administration or on-line at the courts
public website at www.mncourts.gov/forms – click on “Court Forms” and then on
“Fee Waiver/In Forma Pauperis.” Complete the Affidavit for Proceeding In Forma
Pauperis form and sign it before a notary public or court deputy and bring or mail it to
court administration with your other completed forms. If the court orders that your
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fees be waived, service fees and copy fees will also be waived in addition to the filing
fee.
7.
Appear in court on the date and time provided for your hearing. Bring any documents
or other evidence you have to support your Motion. You may also bring witnesses to
testify. The judge will issue an order after the hearing. If the seller or the
Commissioner of the Department of Public Safety appears and objects to your
Motion, the judge may take up to 90 days to issue his/her decision in the case. If the
case is not contested, the order will normally be issued within two weeks. A copy of
the judge’s order deciding the case will be sent to you, the seller(s), and the
Commissioner by mail.
If the judge grants your Motion and orders the Commissioner of the Department of Public Safety
to issue a title to the vehicle in your name, you can request a certified copy of the order from
court administration. A certified copy fee is required unless you have been granted a fee waiver
by the judge. You must then take the certified copy of the order to a motor vehicle registrar or
directly to the Department of Motor Vehicles in St. Paul for them to issue a new title. You will
be required to apply for a title and pay all applicable taxes and fees, if you have not done so
already.
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