Legal Question in Criminal Law in California

I am helping a client out to get a Notice of Motion to Return Property Illegally Seized Memorandum of Points and Authorities in Support by a Sheriffs office through the Superior Courts. The problem is the Clerk Recorder sent them a letter stating that this can not be recorded. The reason was No Provision to Record Document Submitted. I call the Recorder office and they told me that it was because the title was not correct. How can I find the correct title so they can resubmit their document? Thank you for any help.


Asked on 10/21/11, 8:47 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First of all, motions are mpt recorded with the County Recorder's Office. A motion gets filed in court, with the court clerk, not the county recorder. The purpose of the County Recorder's Office is to record documents relating to real property, meaning land.

If the sheriff has personal property that belongs to someone, the issue is whether criminal charges are still pending, and whether forfeiture proceedings have been initiated.

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Answered on 10/22/11, 8:26 am


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