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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16558
Experience:  Experienced Licensed Attorney
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Well i have never known about this before.. but thank you. i

Customer Question

well i have never known about this before.. but thank you. i do have a problem
JA: What state are you in? It matters because laws vary by location.
Customer: i am in naples florida
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: it is about a title transfer that i cannot do because the person who sold the vehicle went and got a lost title. but i have the signed off title and the motorcycle. only the dmv will not transfer the title because the other person filed for a duplicate title. so i can't get a plate or anything. they said it is a civil matter now
Submitted: 7 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 7 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Do you have a legal question that I can answer for you about the situation you have described in your post?

Customer: replied 7 months ago.
ok i did not fully understand this whole website and i did not put in all the details of my problem,. i called and was told i can put it here. my husband was given a motorcycle as a christmas gift. he was given the title and it was signed by the other owner and my husbands name was put on the title for the new owner and it says gift in the purchase amount and it is dated for christmas date. in the meantime this person filed for a duplicate lost title. so when my husband went to the dmv to transfer the title.. they would not do it because of what that person did. then the person tried to come to my house and take the motorcycle back. we have the signed off title and the bike. but cannot get the title or a plate. the police say this is a civil matter. i have a police report where the person states. : that bike is not mine. i gave it to him. (m,y husband) and he has the title." but i go to the court house to get papers to fill out for a civil suit and they say i have to get an attorney. i just can't afford an attorney and i do not think i need one for this case.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Why would the original owner of the motorcycle decided to give motorcycle as a gift to your husband without getting anything in return? For what reason?

Customer: replied 7 months ago.
apparently this woman has been his girlfriend for the last 11 years. unknown to me. and unknown to her that he was married. thats is another whole matter al togetther. and i will be dealing with that in another court. but right now this woman and some guy keep coming here to harrass me.. the man has pushed me and tried to get into my house and my garage to get this bike that my husband has had for ten years. among other things she claims to have bought him. and he has gotten her. anyway no matter. right now.. the bike owner ship needs to be settled. i have called the police and they have been here 4 times. on the police report i picked up today...this woman states to the police. she did not want the motorcycle back and that she did not have the title. and that she told them on the scene several times that she had given the motorcycle to edd. my husband. who.. by the way no longer lives in this home since this happened.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

When was original title signed over to your husband as gift?

What is the current market value of this motorcycle?

Customer: replied 7 months ago.
the original title is signed to him as a gift. for christmas. the currant market value of the bike now is probably 6000 to 8000 dollars.
Customer: replied 7 months ago.
he has had the bike for 10 years. he was making payments on it apparently. and then he took it back to her and said he could not afford it. so at that time she gave it to him for a christmas gift
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Is the bike completely paid off?

When was original title signed over to the husband? How long ago?

Customer: replied 7 months ago.
the bike is completely paid off. the original title was signed over to my husband about a year ago i found out. and she has beenpaying for his plates every year for his birthday.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Is your name anywhere on the title?

Customer: replied 7 months ago.
no. my name is ***** ***** on the title.
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Generally, only the person to whom the original title was signed over as a gift would have any legal standing to pursue a lawsuit to quiet title of the motorcycle and such person would need to file a lawsuit in the local court where the owner who requested duplicate title resided.

The judge will review all of the evidence, facts and testimony related to the dispute and will rule according to the law and evidence presented.

I wish you the best of luck!

Customer: replied 7 months ago.
well i know all that. that wasn't my question.
Expert:  Alex J. Esq. replied 7 months ago.

Can you clarify as to what your actual legal question is?

Customer: replied 7 months ago.
my question is... i went to the court house today to get papers or forms so that my husband can file the suit because the dmv will not transfer the title as the woman went and filed for lost title because she apparently has a new boyfriend who wants the bike. the bike is in my garage at this time. and i had to call the police to have them removed on many occaisions. the courthouse told me that he would have to go thru an attorney to get a court date and get the matter resolved. i don't think that an atty is needed with all the proof that he has about this bike. now.. i don't personally give a damn about it.. however... in dividing our property for this split. he has agreed that because i have paid for repairs and upgrades on this bike that the bike should get sold and the money split. now you can see why it is important for me to know how to get this civil thing done? without an atty. but where do i get the forms and how do i go about doing all that?
Customer: replied 7 months ago.
its just such a simple case.. i see no need for an atty.
Customer: replied 7 months ago.
but the court no longer provides forms and all that. i have all the evidence and the title and her statements. how can he just file the papers and get a court date without an atty?
Expert:  Alex J. Esq. replied 7 months ago.

Thank you for your follow up.

Unfortunately, there is no general forms that can be used when it comes to filing a lawsuit to quiet title to a motorcycle and all of the forms, including complaint, discovery, etc...would have to be drafted according to each specific case and that is why the court clerk has instructed you to retain an attorney, since the court does not have the forms that can be simply filled out and filed.

So, if your husband is unable to hire a private attorney, then he can contact Florida Bar at www.floridabar.org and ask for the list of pro bono (free) attorneys, contact local legal aid society for free or low cost legal service or you or your husband can also visit local law library (located at your local court house and or local law school and there is one in Ave Maria close to Naples, Florida) and do some research and obtain some sample forms and law librarian should be able to at least point you to the right material.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 7 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.