Legal Question in Family Law in New York

Re: Ex-wife's name is on the loan

If your settlement was a part of a Court Order or Judgment, you may ask the Court or Judge to issue a Supeona or other similiar Order, upon your EX and the VT DMV. "Directing" the immediate execution and production of docs evidencing the transfer of title to your name, (in the format that you present in your submitted docs), per the Court Order. You or your lawyer can prepare the Supeona, with supporting docs, that would include the "change of Title form" you want your Ex to sign, the Court Court, etc.. Supeonas, and similiar Orders are generally obtained "Exparte" In concept, they are like creditor garnishment orders, when based upon an existing Judgment or Court Order. Please keep in mind that you are asking for the "Title" docs for the Vechicle, not registertation.

A valid "Exemplified" VT Court Order and Judgment, can be filed and "registered" in NY for your enforcement and collection in NY, in a similiar way.

The NY Supreme Court "Ancillary" proceeding would then permit a NY Court to issue a Supeona upon the NY DMV, compelling the title change, as well, but NY's jurisdiction would be limited to the vechicle. While, it is likely you would be required to show more and your a formal requests and demands and prior proceedings with your EX, in VT could delay the process, before you could show entitlement to the relief requested.

Good luck,

Phroska L. McAlister,ESQ