Providing Guidance in Declaratory Judgment Issues

Often, a person may be confused or unclear about some sort of situation going on in their life, and may find themselves wondering what their own rights, duties, or obligations may be. Luckily, Missouri Law allows persons who need clarification on their legal rights to seek public clarification from a Missouri Judge.

At The Piatchek Law Firm, LLC, we can assist clients in dealing with Declaratory Judgment issues. A Plaintiff seeks a "Declaratory Judgment" when some doubt or controversy exists regarding the Plaintiff's rights, and the Plaintiff desires to officially clarify those rights publicly. A Declaratory Judgment determines the rights of the Plaintiff, without ordering anything be done, and without awarding any sort of damages.

A plaintiff could ask a Judge to make a Declaratory Judgment about almost anything, including such things as interpreting an unclear clause in a contract, determining an insured right's under an insurance policy, determining who is a beneficiary under a Last Will and Testament, or even deciding who is the rightful owner of property, such as an automobile, for example

Contact us at The Piatchek Law Firm, LLC, in Springfield today for a consultation regarding any questions or concerns you may have about Declaratory Judgments in Missouri.

Most Common Reason for a Declaratory Judgment

The most common reason our clients ask a Judge for a "Declaratory Judgment" is because they have a problem with an automobile title and are unable to officially title, register, or license the automobile. Perhaps the person they bought the truck from did not have legal title to begin with. Perhaps the seller of the motorcycle forgot to sign the title, and now the seller can't be found. Perhaps they built a kit-car from scratch and it had no VIN or title to begin with . Perhaps they bought a vehicle from a government auction, or a junkyard, and it did not come with a title.

A Declaratory Judgment that you are the official owner of an automobile should enable you to title, register, and license a vehicle, even when you have been previously unable to do so.

You should only seek a Declaratory Judgments if all other methods at getting proper title have failed. If you have any other legal means to get the vehicle titled, you should do it. If you run out of options, you can seek a Declaratory Judgment as a last resort.

Steps in Seeking a Declaratory Judgment

Our attorney will take the following necessary steps to seek a Declaratory Judgment:

• File a Petition asking the appropriate Court for a Declaratory Judgment;
• Name the Missouri Department of Revenue as a Defendant in this lawsuit;
• Potentially name other parties, such as the title owner of the vehicle in question, or the lien holder on the auto, also as a Defendant in this lawsuit;
• Pay the filing and service fees;
• Have a Court hearing, in which you and your attorney explain the situation and chain of title to the Judge;
• Present supporting evidence to the Judge, such as a receipt, check, bill of sale, sales contract, or other evidence, including your testimony; and
• Prepare the actual Declaratory Judgment document for the Judge's signature;

If you are successful in receiving a Declaratory Judgment, you will need to take a certified copy of the Judgment with you to the licensing department to get your car titled.

This entire process usually takes approximately 35 – 60 days after we file with the Court, depending on when your Court hearing is scheduled.  Also, please keep in mind that this is a "last resort" - if you can legally title your car without our help, you should do it.  This is not something you do out of "convenience", but out of necessity. 

Contact an Attorney at Our Firm Today

Springfield, Missouri, Declaratory Judgment Lawyer

If you have questions regarding Declaratory Judgments on vehicle titles, please give our office a call anytime at (417) 882 - 5858 or please email us in the box on the right side of this page to set an appointment.

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