Court Order...

HollaGeo

Petty Officer 1st Class
Joined
Oct 7, 2005
Messages
316
In some of my previous posts I mentioned that I bought a boat with no title. For the past couple of months, I have been following ALL the steps D.M.V. has outlined to obtain a title. As I am almost done with this wild journey, the last step is to get a court order from a judge granting me the right for D.M.V. to put the boat in my name. The problem is I have no idea what a court order is and how to even get one. When I called D.M.V. to ask, they didn't really answer my question. Any of you know what this means???
 

Cannondale

Petty Officer 1st Class
Joined
May 22, 2010
Messages
278
Re: Court Order...

Why not call your local city's/town's/county's Clerk of Courts and ask him/her. That'd be one person who could more than likely answer your question or at least point you in the correct direction.
 

jayhanig

Master Chief Petty Officer
Joined
Jun 27, 2010
Messages
836
Re: Court Order...

Why not call your local city's/town's/county's Clerk of Courts and ask him/her. That'd be one person who could more than likely answer your question or at least point you in the correct direction.

I wonder if a magistrate could give him what he needs?
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: Court Order...

cannondale is right--but go a step further. go to the clerk's office yourself, civil division, and ask the oldest clerk there, if he/she's seen anything similar, and if so if you can see that file. You will also need to ask what you need to do to open a file for your case. I suspect the order will be from your court to the director of the DMV, directing him to issue the title in your name. Nothing more than a page, reciting that the court finds the boat has no title, you are the rightful owner, and title should be issued in your name.
You might also call your local bar association, and ask if they know any general practice lawyers who are also boaters. He/she may be interested in helping; it's not a case where the lawyer will make any money, but you might find one who will help a fellow boater, like giving a tow! You could also ask the dockmaster at a marina--you may find a boating lawyer, or you may find the marina has done it.
Just a suggestion; not legal advice; it's worth what you paid for it!
 

Pez Vela

Chief Petty Officer
Joined
Dec 4, 2004
Messages
504
Re: Court Order...

Any of you know what this means???

My guess is that you have simply reached the end of the line with DMV and that you have been "blown off." The DMV is trying to tell you nicely that it's just not going to happen for you within their bureaucratic framework, and that they're not going to budge unless they are ordered to do otherwise by a court of competent jurisdiction, and that, believe me, is not going to happen.
 

64osby

Admiral
Joined
Jul 28, 2009
Messages
6,826
Re: Court Order...

I'm not sure what would happen with a court order, getting a judge to instruct the dmv to title the boat. Might not be too hard.

Another way to look to get the boat titled - In Michigan, they have an abandoned property claim that you can apply for. Just tell them it was on your property when you bought it and now you want to claim it and title it. There is a form and a small fee. Self storage companys use this to be able to resell a vehicle with title. Might be worth a shot.
 

SparkieBoat

Captain
Joined
Aug 17, 2009
Messages
3,643
Re: Court Order...

I hate government..I mean i know it is needed..but do they always have to hire the biggest idiots in the whole world to run everything???
 

HollaGeo

Petty Officer 1st Class
Joined
Oct 7, 2005
Messages
316
Re: Court Order...

The problem with this board is you have to be so detailed when posting a topic. If you read my post, "As I am almost done with this wild journey, the last step is to get a court order from a judge granting me the right for D.M.V. to put the boat in my name." The D.M.V. send me a packet which was in a manilla envelope. The papers were stapled together in order. Each paper basically was a step in the process. The last piece of the puzzle was obtaining a court order. No, it wasn't D.M.V. politely brushing me off. It was D.M.V. telling me what the last step was.
 

dorelse

Chief Petty Officer
Joined
Feb 24, 2003
Messages
624
Re: Court Order...

Well...I read every word of every post in this thread. I understand that you're at the last step...which is usually where the rug gets pulled out from under your feet.

Since the process will be unique from state to state, you really need NJ owners who've been through the process in NJ. I've titled abandoned boats in 2 different states. Both were different and the steps varied. The process of obtaining a court order from a judge will also be different...in many cases, you would want a lawyers assistance, as you will have to petition the court.

For me, the $175 to title a boat in 7 days was cheaper & well worth saving me the months of paperwork, headaches & battles it would have taken otherwise.

Good luck in your quest for the court order. (I mean that sincerely.)
 

HollaGeo

Petty Officer 1st Class
Joined
Oct 7, 2005
Messages
316
Re: Court Order...

@dorelse - If you follow all the steps, you have nothing to worry about. How are you basing this???
 

dorelse

Chief Petty Officer
Joined
Feb 24, 2003
Messages
624
Re: Court Order...

Nah, don't worry about it. If NJ has a process, then they must be able to deal with cleaning up missing titles.

Its a long story. Cliff Notes version, paid very little for a cool old boat at an estate auction, bill of sale only, no title, no registration. Unable to register it, at all. Had to have a title in the state I lived in...no such thing as an abandoned boat titling process. They could tell me that the boat wasn't stolen, and the last year it was registered...which I knew, and that boat registered owners were dead...also something I knew. Thus the abandoned boat label...

I have a lawyer friend who also advised me that it'd be best to use a titling service, which I did. I think it was $150 at the time & 7 days later, I had a clear & official state title from another state, where it could be titled, and a Bill of Sale, selling the boat to me. Walked in, transferred the title to me, in my state at the time, registered it and viola. Done.

Did I want to do it that way? Nope, but it was the only avenue available.

Now...Goldie (in my avatar), was also purchased without a title & or registration. (Bill of sale only) However, it was registered in North Carolina...which didn't title boats for years and years, but has recently legislated that all boat be titled. So they have had to be more flexible in what they'll accept as documentation for untitled/unregistered boats.

I had to sign an affidavit & write a history of what I knew about the boat (both notarized) send it in, and 2 weeks later, I had a NC State Title & registration. Cost $35.00 + a postage stamp.

Different states, very different processes.

I agree that if you follow the process, you'll be fine. Getting a court order could be a huge last hurdle, I thought an alternative suggestion might be worth it should it prove difficult & expensive.

Pretty sure, you'll have to file a petition with the court, get a date with the court to present your case, etc.
 

veritas honus

Lieutenant Commander
Joined
Jun 13, 2010
Messages
1,876
Re: Court Order...

The problem is I have no idea what a court order is and how to even get one. When I called D.M.V. to ask, they didn't really answer my question. Any of you know what this means???

A court order is your city, county, or higher court via a judge, ordering in writing on court letterhead, someone or an entity, in your case, The DMV, to do something. In your case, issue you a boat title. Take your paperwork from the DMV to your city or county clerk and ask how you may obtain your court order without an attorney.
 

jobie

Seaman Apprentice
Joined
May 31, 2008
Messages
43
Re: Court Order...

The bottom line is that your state wants your money. they make money from titling fees, registration fees etc. etc. Follow the plan of action that they laid out for you,I am certain that it will work out in your favor. If it doesnt they cant grab your dough !!!
 

Fireman431

Rear Admiral
Joined
Sep 17, 2007
Messages
4,292
Re: Court Order...

Getting a court order is not that difficult. They are done all the time and for a variety of reasons. We obtained a court order for tenant eviction in 24 hours, but we used our attorney. Contact a local attorney and get the information on how to obtain this order. Most will be free over the phone or you may have to pony up $25.00 for the 15 min face-to-face to give them the history on it. If you have an attorney that you have dealt with in the past and can vouch for you, you can probably have them handle it for the measly sum of $200+ dollars.
 

F14CRAZY

Ensign
Joined
Aug 12, 2008
Messages
945
Re: Court Order...

I'm not sure what would happen with a court order, getting a judge to instruct the dmv to title the boat. Might not be too hard.

Another way to look to get the boat titled - In Michigan, they have an abandoned property claim that you can apply for. Just tell them it was on your property when you bought it and now you want to claim it and title it. There is a form and a small fee. Self storage companys use this to be able to resell a vehicle with title. Might be worth a shot.

With Jet Skis I've bought, trailers, and my LeSabre from New Hampshire (where they don't require titles after 10 years), the Secretary of State didn't hardly care...I bought whatever receipt I was given, they said to come back in like 2 hours (they said they do a record check of the VIN or HIN to see if its been stolen), then they give you the OK and a title is mailed out within like 10 days.

Dude, just bring it to Michigan. I'm surprised the SOS doesn't run ads with "No title? No problem!"
 

ezmobee

Supreme Mariner
Joined
Mar 26, 2007
Messages
23,767
Re: Court Order...

I think "Court Order" would be a good name for a boat :p
 

jayhanig

Master Chief Petty Officer
Joined
Jun 27, 2010
Messages
836
Re: Court Order...

Getting a court order is not that difficult. They are done all the time and for a variety of reasons. We obtained a court order for tenant eviction in 24 hours, but we used our attorney. Contact a local attorney and get the information on how to obtain this order. Most will be free over the phone or you may have to pony up $25.00 for the 15 min face-to-face to give them the history on it. If you have an attorney that you have dealt with in the past and can vouch for you, you can probably have them handle it for the measly sum of $200+ dollars.

I wonder what would happen if he were to wander over to the local courthouse with paperwork in hand, and just knock on a judge's door? It probably wouldn't take the judge two minutes to give him what he needs. Or are judges too isolated or too well protected for the "little people" to speak to them in their offices?
 

lckstckn2smknbrls

Lieutenant Junior Grade
Joined
Sep 18, 2008
Messages
1,114
Re: Court Order...

I wonder what would happen if he were to wander over to the local courthouse with paperwork in hand, and just knock on a judge's door? It probably wouldn't take the judge two minutes to give him what he needs. Or are judges too isolated or too well protected for the "little people" to speak to them in their offices?
I've been in court rooms where at the end of the day the clerk ask if there is anyone with any other biz. At this time you can to talk to the judge.
 
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