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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 115454
Experience:  Attorney experienced in commercial litigation.
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The car title was transferred illegally, the person took a

Customer Question

The car title was transferred illegally, the person took a 10000 loan on the car we filed identity theft report and Police report in Arizona need a court order to get the title back how do we go about getting a court order to transfer the title back to us.
JA: The Consumer Protection Lawyer will need to help you with this. Anything else I can tell the Consumer Protection Lawyer before I connect you two?
Customer: Not thank you
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Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to now file a civil suit against the party who illegally transferred the title for conversion of your property, replevin (return of property, in this case the title) and fraud. You have to serve the person a copy of the suit and a summons to answer and you would ask the court in that suit to return your property and then the court will issue the order if they find in your favor.
Customer: replied 1 year ago.
We have the car, what we lack is the title, wouldn't it be sufficient to show the identity theft numbers, and the sheriff's report to the courthouse and get an order for the title to be returned?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid that the only way to get an order from the court is to file a civil suit in court and serve the other party. You cannot just go to court and get an order by showing them the paperwork.
I understood you have the car still, but you still need the court order to get the title changed over.
Customer: replied 1 year ago.
Mahalo ***** ***** for clearing that up, OK.
Customer: replied 1 year ago.
So how do we file a civil suit in Arizona court and which court has the jurisdiction
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The Superior court has jurisdiction. It is the superior court in the county where the defendant is located. You have to file a "complaint" which starts a lawsuit and you list all of the facts in the complaint in numbered paragraph form and you ask the court to grant you what you are seeking in relief. In AZ it is much better for you to use a local attorney to draft the complaint for filing as these are not done by pre-printed forms and have to be written from scratch and then filed with the court.
Customer: replied 1 year ago.
What is the particular type of caselaw that would cover this and what is the best type of attorney to pursue to write up the forms
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The tort is a common law tort called "conversion" and also "replevin (return of property, the title)" and "fraud" all are common law claims. There is no real "particular type of case law that would cover this," as case law is not necessary to address these issues.
A general litigation attorney would handle this type of case.
Customer: replied 1 year ago.
Mahalo ***** ***** for your explanations, we are hoping that we can get this done as expeditiously as possible.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.Please do not forget to click on the 5 star positive feedback at the top of the page as the experts are not employees of this site and get no credit for spending time with customers unless the customer leaves positive feedback.

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