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Muffuah

Tagging Vehicle

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***If this is posted in the wrong place, feel free to move it to the correct one.***

 

   I have been snared into a rule/law that I believe is mal-conceived and is being applied in a way that is contrary to its intent.  This rule/law is intended to cause folks to keep their vehicles insured, a goal that I am personally supportive of.  In this state they expect you to return tags when they expire and/or if you take the vehicle "off-the-road".  As you might imagine, I was not aware of this and I gave my car, which was inoperable, to the kid next door to tinker with.  If you don't abide by this rule/law, the penalties are exorbitant to begin with and I wasn't informed of my non-compliance for many months (about 13).  By that time they said I owed $3300!  I tried to argue several points to the Motor Vehicle Admin (MVA): that I wasn't aware of the rule/law, that I didn't have possession of the car, the car wasn't and hadn't been on the road, they were penalizing me for this when my tags were actually expired.  Their response was that there was no way appeal this and my only remedy was to pay.  I tried for several weeks to resolve this to no avail and I couldn't register a newly bought car.  My solution was to register the car in my wife's name, which worked, but she passed away a couple of months ago and now I can't register our cars in my name again AND they now want $4400!  Again, they are also saying that there is no way to appeal so...

   What I'd like to know here is:  To what court do I file a complaint for injunctive relief?  If I decide to try this, I will do it myself vs. hiring a lawyer as I imagine a lawyer would cost as much or more than paying the "fine".  My only other option is to move out of state and I'm not sure this doesn't "follow" me anyway.

   Before you offer advice here, consider that I DO understand that one of my options is simply paying the "fine".  Unless I win a PowerBall jackpot, I won't be choosing that option.  Also, PLEASE... Don't  frustrate us with an answer that is not likely to be helpful; I just want to know what court to file a complain with.  If you know of an alternative available to me, please share.  I say this with the hope of averting the occasional answer that is more designed to stroke an ego than answering the question.

   Thank you in advance.

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I suspect the issue is not just tags but also title.  When you "give" a car to another person you have to surrender the tags (or at least take them off the car.) but also change the title to the new owner.  If you didn't do that, the vehicle is still your car. Since it is still your vehicle you are responsible for how it is driven and where it is parked.  It is not the responsibility of the DMV to manage the operation of your car.  You are going to have to pay the fines.

 

Your recourse is to sue the person who incurred all the fines for reimbursement.

 

Sorry if this response offends you. 

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2 hours ago, Muffuah said:

I just want to know what court to file a complain with. 

 

Probably your county's district court if you are suing for money, but possibly the circuit court if you are just suing for injunctive relief.

 

http://www.courts.state.md.us/district/

 

However, before you can actually sue the State of Maryland for anything (which is what I assume you want to do) you need to familiarize yourself with the Maryland Tort Claims Act.

 

https://www.peoples-law.org/mtca-lgtca-suing-state-or-local-government-maryland-tort-claims-act-local-government-tort-claims-act

 

 

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3 hours ago, LegalwriterOne said:

Everyone is presumed to know the law and ignorance is not a defense nor a basis for filing suit or seeking injunctive relief.   

Brilliant!!  Just what I was looking for!  Thanks for you insightful guidance!  ...Long live your ego!!!

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2 hours ago, adjusterjack said:

 

Probably your county's district court if you are suing for money, but possibly the circuit court if you are just suing for injunctive relief.

 

http://www.courts.state.md.us/district/

 

However, before you can actually sue the State of Maryland for anything (which is what I assume you want to do) you need to familiarize yourself with the Maryland Tort Claims Act.

 

https://www.peoples-law.org/mtca-lgtca-suing-state-or-local-government-maryland-tort-claims-act-local-government-tort-claims-act

 

 

 

Thanks.  That works as an answer for me.  I appreciate your help.

Tip-O-The-Hat.

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4 hours ago, RetiredinVA said:

I suspect the issue is not just tags but also title.  When you "give" a car to another person you have to surrender the tags (or at least take them off the car.) but also change the title to the new owner.  If you didn't do that, the vehicle is still your car. Since it is still your vehicle you are responsible for how it is driven and where it is parked.  It is not the responsibility of the DMV to manage the operation of your car.  You are going to have to pay the fines.

 

Your recourse is to sue the person who incurred all the fines for reimbursement.

 

   You didn't offend, though your reply doesn't address my question.  You are right in that titling is an issue, too.  I thought it was implied that I understood the contents of the rest of that paragraph, hence I also understand that I am the one who incurred the fines.  Should I pursue this suit, the object would be to nullify the rule/law as I don't think it's fair.  I don't think the MVA notifies offenders in a proper manner (In my case- waiting until the penalty was un-affordable and the situation un-correctable [the car and tags probably didn't exist as car and tag by then!]), the alleged offenders should have a means to address the claim(s) and since the fine grew out of the lack of insurance, the fine shouldn't apply since the tags had expired, which means the car couldn't be driven, therefore I shouldn't need insurance.  Whether I pursue this or not, this is my position and it is why, unless I somehow get a very large stack of free money, I'm never going to give them any of mine.

   I do thank you for your time and your post.

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