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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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I purchased an old antique vehicle from Alabama, which is a

Customer Question

I purchased an old antique vehicle from Alabama, which is a bill of sale state. I took the bill of sale to Florida to register the vehicle. They said I have to have a prior Alabama vehicle registration to register the truck in Florida. I don't have that documentation not can I get it. How do I get Florida to register my vehicle?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 10 months ago.
Okay, great.
Customer: replied 10 months ago.
I noticed a typo: *nor can I get it.
Expert:  Dwayne B. replied 10 months ago.

I have heard of people getting a "tag receipt" from the prior owner of an antique Vehicle from another state (I think this one was Alabama as well) and the DMV accepted the tag receipt.

However, if that doesn't work you could sue for a declaratory judgment as well as an order/injunction directing the DMV to register the vehicle. That will work for sure, but it isn't something you are likely to be able to do yourself and the lawyer's fees aren't cheap. I'll go over the injunction so you can see how complicated it is.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 10 months ago.
That seems extreme. Is there no other idea that would be less combative?
Expert:  Dwayne B. replied 10 months ago.

I just thought of another possibility although I don't know that it would work. You might be able to get a local car dealer to assist you in getting it registered and pay them a fee. I'm not sure how they could do it any different than you, but it certainly is worth calling a used car dealer and seeing f they could do it and what they would charge.

The lawsuit is the only way that will absolutely work. Using the tag receipt has worked in the past, a relative of mine used that method for a car he bought, but a different worker or office may refuse to do the same thing.