Legal Question in Civil Litigation in Pennsylvania

The Pennsylvania Department of Transportation provides a fact sheet on the procedure for the involuntary transfer of a vehicle title by court order: http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-intr.pdf

This fact sheet lists steps to notify parties by mail and possibly by publication. Is this advice correct? How would this particular situation not be subject to the typical PA rules regarding service of original process?


Asked on 4/18/12, 4:46 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Because the DMV creates its own rules, or they are created by the legislature. If what appears on the DMV official site says something, you can generally rely on it. The same website also provides a telephone number who you can call for information. If you treat these people with respect, I find that they can be very helpful.

In specific answer to your question, Pa Rules regarding original service generally apply to lawsuits and matters handled by the Court. The DMV has separate rules for service of various notices. A decision by the DMV can be appealed in Court, and in that case the Rules of Civil Procedure would apply. If you are planning to appeal any decision of the DMV, you should be aware that strict time limits apply, and you should probably consult a lawyer to handle this.

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Answered on 4/18/12, 6:33 pm


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