WRIT OF MANDAMUS
A writ of mandamus is a court order that tells a government official or a government agency [the MVA] to perform a legal duty that they are required to perform [issue a title] but have failed or refused to do.
If you do not have a title and there is not one available, the MVA will not transfer ownership of your motor vehicle and/or trailer to you without it. A writ of mandamus is a legal action that is filed in the Circuit Court asking a judge to direct the MVA to provide a title when there is no title available.
A writ of mandamus is used only when all other legal options have been exhausted. There are court-specific procedural rules and court deadlines like having all necessary documents gathered, perform all court filing correctly and within the designated time restrictions. Any small procedural mistake can jeopardize the success of the writ of mandamus even if the facts support you winning.
The team at Diversified Tag & Title Services are not attorneys and cannot provide legal advice. We can be extremely helpful with the MVA rules and regulations side of the writ of mandamus which is helpful in deciding if a writ of mandamus is the correct legal action to obtain a title when one is not available.
WHAT IS A WRIT OF MANDAMUS?
The writ of mandamus is a court-issued command that directs a government official, agency [MVA], or lower court to perform a specific duty or act that it is legally required to perform as part of its official duties [Issue title] or to refrain from performing an act that the law forbids it from doing. The writ of mandamus is used only when all other legal options have been exhausted.
WHO IS ELIGIBLE TO FILE A WRIT OF MANDAMUS?
- One that has a legal right to request that the MVA transfer ownership and issue a new title for a motor vehicle and/or trailer.
- One that ensures all options have been exhausted to get a title for the motor vehicle and/or trailer.
- One that files a writ of mandamus in the circuit court to compel the MVA to perform their mandatory duty to transfer ownership and issue a new title for a motor vehicle and/or trailer.
INITIAL RESEARCH THAT MUST BE PERFORMED
- A thorough search must be conducted; by VIN of the motor vehicle and/or trailer to locate and notify all responsible parties [i.e., owner, co-owner and/or lienholder].
- All responsible parties [w/the MVA] must be properly notified to provide an opportunity to challenge the request to transfer ownership of the motor vehicle and/or trailer.
- Ensures no issues may prevent the writ process from continuing [i.e., stolen, salvage, etc.].
HOW DO I PREPARE WRIT OF MANDAMUS
- Identify The Specific Duties The MVA Must Perform (Issue A New Title).
- Ensure The Writ States The Facts And What The Court Must Order The MVA To Do.
- Include The MVA As Defendant To The Writ.
- Number Each Statement of Facts Supporting Your Right To The Action.
- Provide Proof Of Ownership w/Evidence of Prior Attempts To Resolve The Issue With The MVA.
PREPARING TO FILE THE WRIT PACKAGE
Provide items listed below within the complete writ package to be submitted to the circuit court.
- Print and provide a picture of the motor vehicle and/or trailer.
- Print and provide a picture of the VIN of the motor vehicle and/or trailer.
- Print and provide a copy of the plaintiff’s driver’s license/ID.
- Complete and provide an MVA VR-005 application for title form.
- Provide a Bill of Sale if available.
- Provide all vehicle history reports to find responsible parties
- Carefully review, sign and notarize writ of mandamus
- Include an order to be signed by judge when writ is approved.
- Bring extra copies of writ to have clerk time/date stamp to serve to all responsible parties
- Bring court costs to file writ of mandamus.
FILING THE WRIT WITH THE CIRCUIT COURT
- The writ must be filed in the circuit court the motor vehicle and/or trailer resides.
- The clerk at the circuit court will time/date to certify the writ of mandamus has been filed
- The clerk of the circuit court will mail the summons to all responsible parties and the MVA.
- The petitioner must attach the writ to the circuit court summons that they receive and must serve/notify all responsibility parties and the MVA to the motor vehicle and/or trailer.
- All responsible parties and the MVA have a limited amount of time [30-days] to respond to the writ of mandamus.
- If any responsible party and the MVA challenges the writ of mandamus, the circuit court may deny the writ or set a trial date.
- If challenged, one must present their case to the Judge to explain why the motor vehicle and/or trailer should be titled to you or hire counsel to assist.
- If no responsible party and/or the MVA challenges the writ, the MVA will approve the writ and the circuit court will sign the enclosed order to the MVA to issue the plaintiff a new title.
- The plaintiff is responsible for all excise tax, title fee, and registration fees.
SERVING THE WRIT TO RESPONDANTS
- Attach the court summons to a court filed copy of the complete writ package.
- Prepare envelopes with certified mail receipt (PS3800) w/domestic return receipt (PS3811) to be served on all responsible parties and the MVA to the motor vehicle and/or trailer.
- Leave envelope for MVA open to include the receipt from the post office in it before mailing it.
WHAT TO BRING TO APPLY FOR TITLE AFTER COURT ORDERS MVA TO ISSUE ONE
- An application for certificate of title; and
- A writ of mandamus or show cause order
- Safety inspection and insurance information for tags
THE MVA CAN REFUSE TO ISSUE TITLE IF:
- The court order does not clearly indicate what the MVA must do.
- A lien shows on previous Maryland record no lien release is provided.
- The vehicle is not fully described by year, make and vehicle identification number [VIN];
- A salvage certificate has been previously issued and an approved inspection performed by an inspector authorized to inspect salvage motor vehicles and/or trailers is not furnished
- A salvage certificate had been previously issued containing the brand “not rebuildable, parts only, not-to-be-re-titled” or an equivalent term.
CAVEATS TO CONSIDER
- The entire process for the writ is dictated by the rules & regulations of the Circuit Court of Maryland and the Motor Vehicle Administration [MVA].
- There are no forms. Consult the Maryland Rules and a law library for guidance on how to draft the petition. You can find the Maryland Rules at the state law library website.
