Car Title Obtained by deception-fraud

[cynbrks]

What is the name of your state: Michigan

My ex-wife took my vehicle title and had it transferred to her. She now has the vehicle with a title in her name, along with license plates. I have requested documentation from the Michigan Secretary of State to pursue this matter in small claims. I can prove by "my signature" on the original title that I did not sell this car to her. The Secretary of State has indicated that if I get a court order to reinstate me has the vehicle owner, the will follow the court order. I want the small claims court to award me a judement of $1.00 and order that the vehicle title be restored to me. This is my question:

A review of the small claims law seems to indicate that I cannot proceed in small claims if there is fraud involved. Is this correct? The Blue Book value of the vehicle is less than the $3,000 cap for district court. How can I pursue this matter?

 

[CraigFL]

I'm not sure why you wouldn't report it as stolen? Was her name AND your name on the title?

 

[racer72]

Small claims court can only award judgments for monetary losses, it cannot issue a court order to reinstate the title back into your name. If you want to sue in small claims, sue your ex for the value of the vehicle and use your claim of fraud as your evidence. If you win you can then make a deal to get the vehicle and title in lieu of actual payment. If you want a court to issue an order to have the title reinstated back into your name, you will need the services of a higher court. It wouldnt hurt to talk to a local attorney to discuss the options available to you, there may be ways, such as suggested above, that may not require the use of the court system.