Fraudulent Notary - Motorcycle Purchase

[scottybweyy]

What is the name of your state? PA

My case is quite complicated and I am hoping to get some good advice! I bought a motorcycle from a friend in late May. I paid 3500 for it and went to a notary to register it and get the right tags.

90 days passed and in late August I still had no registration. I had contacted the notary 3 times between middle of August and middle of September to find out what the problem was. She kept giving me the run around and said she would call the DMV to determine the problem. Finally, 15 days after my temp registration expired she sent me another temp one after my numerous requests.

I had to call the DMV to find out she incorrectly documented the mileage. I finally received the papers back from the DMV to correct the problems and found out she changed the sales price from 3500 to 500 and listed the bike in poor condition. Also there was a form that she didn't have me and my friend whom I bought the bike from fill out. She forged our signatures on it. I have reported her to the PA DMV and she under investigation.

I paid 220 for PA sales tax and she only gave the state 30. The problem is my bike was stolen and I wanted to collect that tax back which I was told I am eligiable for. I live in SC now by the way and have since middle of June. I could not even legally drive the bike after the first week of August because SC has a law that all vehicles must be registered within 45 days of moving here.

In lieu of this I opted not to purchase full coverage insurance and only had liability to keep it registered legally. I know I should be able to sue this notary for the sales tax she has stolen from PA. However I was thinking about suing her for the book value of the bike on top that.

Do you think I have a chance of winning that aspect of my case or would a judge laugh at me? I can prove her negligence in willing to help me as I documented all the times I called her. I definitely would have purchased full coverage once it was registered legally and I was driving the bike. It was stolen the third week of September by the way.

Also since I will have to drive to PA and take time off from work, am I able to sue for lost wages and travel expenses? If I can, can I fly if I wanted or do I have to drive? Also if any legal advice is sought can I be compensated for that and any other court fees?

Thank you everyone for your advice!What is the name of your state?

 

[scottybweyy]

bump bump bump

 

[scottybweyy]

Please Help - anyone?

 

[moburkes]

You can't sue her for sales tax that she "stole" from the state. The state would need to initiate that suit.


Is PA weird? When I notarize title docs, I don't keep the docs. I verify licenses, make sure there are no blanks, sign, stamp, collect fee, and move on.

 

[scottybweyy]

Thank you for the response.

I received all of the original paperwork from the DMV in the mail and was asked to fix her mistake on the mileage. I then saw that she changed the purchase price from 3500 to 500.

The 3500 form was the one I signed. She then sent the DMV the doctored form on the vehicle registration with the 500 overwriting the 3500. The 3500 was written real small and light and if you look closely you can see where she scratched it out.

I really couldn't sue her for the sales tax I am entitled to since my bike was stolen? PA would give it back to me when I file the correct form. However in this case I paid 220 sales tax to her, and she paid the state 30...so she has the 190 I'm entitled to and the state has the 30. Right now all the state would give me back is 30.

 

[res_ipsa]

What is the name of your state? PA
I know I should be able to sue this notary for the sales tax she has stolen from PA. However I was thinking about suing her for the book value of the bike on top that.

Do you think I have a chance of winning that aspect of my case or would a judge laugh at me?

1)You can't sue for the difference between what she collected from you and what she paid the state until you actually pay the correct tax to the state. Otherwise you would wouldn't have standing (legal term).
2) She is not liable for the bike being stolen. The fact that you didn't insure it is not her fault, nor is the fact that it was stolen.
3) You are not able to sue for lost wages, travel expenses, legal fees, or court fees. In this country you are not entitled to the costs associated with a lawsuit, except in very special circumstances.

Basically you have no real recourse here unless you register the stolen bike. Really the only thing you can do is report her to the district attorney in the county that you were living in because she is defrauding the state on the tax.

If it was me, I would register the bike. Otherwise you probably wouldn't be able to recover the bike if it is later found by the police since you wouldn't have legal title to it.

 

[scottybweyy]

I know it's been a while but here is an update.

I successfully sued in small claims and was able to collect the sales tax directly from the notary. I never had to pay the correct sales tax to the state. Hopefully this may help someone in the future. Thanks for all the help everyone.

 

[moburkes]

Interesting. Congrats. Thanks for the update.