Texas Department of Motor Vehicles Will No Longer Be A Defendant

Texas Department of Motor Vehicles Will No Longer Be A Defendant

Texas Legal Update

Texas Department of Motor Vehicles Will No Longer Be A Defendant

Effective June 1, 2020, the Texas Department of Motor Vehicles (TxDMV) will actively dispute any civil cases that list them as a Defendant for the purposes of placing a hold on title.[1] Any lawsuit brought against the TxDMV (other than an appeal of a TAC hearing under Texas Transportation Code §501.052(e)) may be subject to dismissal on the grounds of sovereign immunity.[2]

TxDMV recognizes there will be times when a lawsuit arises between private parties over ownership of a vehicle when title is missing. In order to place a hold on title, parties can email copies of petitions with service of citation, summons, complaints, emergency motions, and subpoenas to GCO_General@txdmv.gov. Hand delivery of documents will not be accepted. This process will replace the previous practice of naming the TX DMV as a Defendant to a sequestration suit. Temporary 10 day holds on title can still be requested by email to VTR_TitleLitigation@txdmv.gov.

For full information, you can visit: https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/title-litigation

Author/Contact:     Kim Lewinski

Attorney,  Default Services/Creditors Rights Practice Group

T: (713) 328-1926 | F: (713) 759-6834 | E: klewinski@hwa.com     

===========================================================

Legal Advice Disclaimer

HWA’s newsletters, legislative updates, client alerts and email blasts are sent to clients of HWA and industry business associates for informational purposes only. They should not be relied upon or construed as legal advice. The opinion of legal counsel in the applicable jurisdiction should be sought for advice specific to the facts surrounding each unique situation. 

[1] See https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/title-litigation

[2] See TEX. CIV. PRAC. & REM. CODE § 101.021.