Legal Question in Personal Injury in Maryland

In November I won a Judgment in an action of Detinue to gain possession of a motor vehicle illegally detained by a repair shop. In a nutshell, they were authorized to do a Maryland inspection and Maryland inspection only - the proceeded to do approximately $1k of work to said vehicle without authorization.

So, I won the judgment and was granted possession of the vehicle. When the vehicle was taken to the shop I had just purchased it and had not completed the title work. The shop illegally obtained a title to the vehicle 30 days after being properly served for the action by claiming a mechanics lien.

The MVA says that a judgment of possession is not enough to obtain a title. The specific COMAR requires either a writ of Mandamus or Show Cause Order.

I filed a motion asking for just that in District Court which has been set for a hearing in February.

Was it correct to ask for this in District Court or should it have been filed as a separate action in Circuit Court? I can find very little on Mandamus at the State level.

If filing in the form of a motion in District Court what should I be prepared for at the hearing? My motion was not opposed by the defendant or their counsel.


Asked on 1/04/11, 4:22 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Nice work obtaining the judgment! You did the right thing by filing the motion in the District Court. I, too, had a tough time finding where the proper place to file is, but if the District Court is the wrong forum, the judge will let you know. You can orally withdraw the motion at that time and re-file in the appropriate forum. If the District Court is the proper forum, and the defendant or his counsel doesn't reply or appear at the hearing, you will get the mandamus, which will allow you to obtain title.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/16/11, 4:43 pm


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