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Old 11-26-2008, 06:07 AM   #20
MacDR50
Montana Fan
 
Join Date: Sep 2007
Location: St Johns
Posts: 434
M.O.C. #7691
Unlike most chattels, a vehicle has a certificate of ownership. A license plate that is connected to that certificate and a serial number that also connects both exist and connect to official DMV records. Hard for a sheriff or creditor or an unscrupulous operator to pass ownership to someone else. That being said, determining ownership at a point in time is a matter for the court and therefore involves proof of ownership as well as no encumbrance to that ownership held by the person in possession. If the current official records show you to be the owner, then the burden of proof that you are not is the other parties. Possession is not sufficient proof. However, why face this hassle? Save time and save money and go elsewhere. No I am not a lawyer, but have studied business law and experienced a service company that went bankrupt without warning. We recovered almost all of our equipment using original purchase and warranty records to prove we were the original owners. The receiver in bankruptcy could not produce any bill of sale or other documentation to show title had been transferred to the service company or its agents. Unfortunately some of the equipment was damaged or missing parts. The cost of seeking damages against the receiver or sheriff etc. wasn't worth it.
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