- Jurisdiction
- West Virginia
I was thinking about filing an appeal, I got a letter from the DMV saying that I'm an unlicensed car dealer and to cease and desist from selling any cars. And I was thinking about filing an appeal and making a motion to dismiss with prejudice or to set it aside because I haven't sold 5 or more cars this year. I am seeking some advice on how to get the order set aside, dismissed with prejudice, rules of civil procedure. I was thinking about doing it pro se.
I Got an order from the DMV saying I wasn't unlicensed car dealer and saying that I am just cease and desist from selling cars, but I haven't sold five or more cars this year, I'm thinking about possibly appealing the order for the DMV and making a motion to dismiss to set it aside or dismiss with prejudice, I'm thinking about doing it pro se. I'mean seeking some advice on how to get the order dismissed with prejudice or set aside, rules of civil procedure etc..
Here is a sample of my motion to dismiss:
I received a letter from the DMV saying that I was acting as an unlicensed car dealer, that
same day I called the DMV up and asked them how they came to that conclusion. I told the lady
who answered the phone about the letter, she asked me who signed the letter. I told her and she
said that she would have him call me. I asked her if she new why they sent the letter, she said she
would check the file and see. She got the file and she said it says I sold 5 cars in 2015, she
interpreted the meaning of this article §17A-6-1 to mean any 12 consecutive months anytime in a
person's life, and after you get a letter like this from the dmv you can never sale a car again. I asked
her 4 times where does it say that, and she read me that code four times. I asked her where does it
say in a ''consecutive 12 months?'' I told her it doesn't say anything about consecutive 12 months.
she says that is what it means, she says that i don't understand, I'm not arguing with you and hung
up on me. I read it saying ''fiscal year''. I believe her interpretation is way too liberal and
unreasonable.
The next day someone else called and his interpretation of this code is that if a person sells
five or more cars that are titled in his or her name they have broken this rule in '§17A-6-1. I told him
that the word '' title'' is not in §17A-6-1, he informed me that that's what it means even though it may
not say that in plain english. I disagree with his interpretation, am I to assume that a person is
allowed to sell 5 or more cars if they are in other people's names? I moved on from that point and
asked him what five cars did I sell this year? He didn't have any evidence that I've sold 5 cars in my
name this year, he said that I sold a car that had a wv title in my name and was sold in ohio which he
believes means i sold the car in wv and counts against me on the 5 car limit. He also said he saw I
had a 1996 chevy suburban for sale on the internet. By using his interpretation of the code I
informed him the Suburban had an Indiana title that was in my name which by his interpretation of
the code does not count against me, from what he told me if we use his interpretation of the code it
does not add up to 5 cars sold in a fiscal year in WV.
As far as I know, no one has been harmed by this code but me. I have had to endure
intentional infliction of emotional distress from the sebt letter. There's no evidence of me selling 5
cars or more in my name in this state, this year or fiscal year.
What is the purpose of WV code §17A-6-1? Does it have something to do with protecting the
people of West Virginia? What is the purpose of the four car limit? How did the lawmakers come to
the conclusion that the fifth car or more might become harmful to the people West Virginia, but not
the previous four cars? And what is the purpose that if a car has a West Virginia title and you sell it
to somebody else in another state how's that protecting the people of West Virginia? Shouldn't
people have the right to sell their own personal property without having to have a limit on it?
I was talking to someone about this four car limit and they said most people use other family
members and friends to put the car titles name in. So if this is true that you can do that, it sounds
like a simple way to get around the 4 car limit code. So that would make this code virtually useless
and a waste of taxpayers money to have this rule on the books.
§17A-6-1. Definitions.
(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(2) "Used motor vehicle dealer" means every person (other than agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this
state of selling five or more used motor vehicles in any fiscal year of a type required to be registered under the
provisions of this chapter, except, for the purposes of this article only, motorcycles.
He also said he had a complaint that someone said I was acting as a car dealer. I asked him who was his witness? He said that he cannot tell me and he does not even put the person's name into the report I asked him if he could send the evidence that he has against me and he said he couldn't do that either. The Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution and in the WV Constitution says that I do have the right to see the evidence against me and to confront my accuser, due process of law rights.
I ask this court to have this order dismissed with prejudice and the $200 filing fee be reimbursed to me.
I Got an order from the DMV saying I wasn't unlicensed car dealer and saying that I am just cease and desist from selling cars, but I haven't sold five or more cars this year, I'm thinking about possibly appealing the order for the DMV and making a motion to dismiss to set it aside or dismiss with prejudice, I'm thinking about doing it pro se. I'mean seeking some advice on how to get the order dismissed with prejudice or set aside, rules of civil procedure etc..
Here is a sample of my motion to dismiss:
I received a letter from the DMV saying that I was acting as an unlicensed car dealer, that
same day I called the DMV up and asked them how they came to that conclusion. I told the lady
who answered the phone about the letter, she asked me who signed the letter. I told her and she
said that she would have him call me. I asked her if she new why they sent the letter, she said she
would check the file and see. She got the file and she said it says I sold 5 cars in 2015, she
interpreted the meaning of this article §17A-6-1 to mean any 12 consecutive months anytime in a
person's life, and after you get a letter like this from the dmv you can never sale a car again. I asked
her 4 times where does it say that, and she read me that code four times. I asked her where does it
say in a ''consecutive 12 months?'' I told her it doesn't say anything about consecutive 12 months.
she says that is what it means, she says that i don't understand, I'm not arguing with you and hung
up on me. I read it saying ''fiscal year''. I believe her interpretation is way too liberal and
unreasonable.
The next day someone else called and his interpretation of this code is that if a person sells
five or more cars that are titled in his or her name they have broken this rule in '§17A-6-1. I told him
that the word '' title'' is not in §17A-6-1, he informed me that that's what it means even though it may
not say that in plain english. I disagree with his interpretation, am I to assume that a person is
allowed to sell 5 or more cars if they are in other people's names? I moved on from that point and
asked him what five cars did I sell this year? He didn't have any evidence that I've sold 5 cars in my
name this year, he said that I sold a car that had a wv title in my name and was sold in ohio which he
believes means i sold the car in wv and counts against me on the 5 car limit. He also said he saw I
had a 1996 chevy suburban for sale on the internet. By using his interpretation of the code I
informed him the Suburban had an Indiana title that was in my name which by his interpretation of
the code does not count against me, from what he told me if we use his interpretation of the code it
does not add up to 5 cars sold in a fiscal year in WV.
As far as I know, no one has been harmed by this code but me. I have had to endure
intentional infliction of emotional distress from the sebt letter. There's no evidence of me selling 5
cars or more in my name in this state, this year or fiscal year.
What is the purpose of WV code §17A-6-1? Does it have something to do with protecting the
people of West Virginia? What is the purpose of the four car limit? How did the lawmakers come to
the conclusion that the fifth car or more might become harmful to the people West Virginia, but not
the previous four cars? And what is the purpose that if a car has a West Virginia title and you sell it
to somebody else in another state how's that protecting the people of West Virginia? Shouldn't
people have the right to sell their own personal property without having to have a limit on it?
I was talking to someone about this four car limit and they said most people use other family
members and friends to put the car titles name in. So if this is true that you can do that, it sounds
like a simple way to get around the 4 car limit code. So that would make this code virtually useless
and a waste of taxpayers money to have this rule on the books.
§17A-6-1. Definitions.
(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(2) "Used motor vehicle dealer" means every person (other than agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this
state of selling five or more used motor vehicles in any fiscal year of a type required to be registered under the
provisions of this chapter, except, for the purposes of this article only, motorcycles.
He also said he had a complaint that someone said I was acting as a car dealer. I asked him who was his witness? He said that he cannot tell me and he does not even put the person's name into the report I asked him if he could send the evidence that he has against me and he said he couldn't do that either. The Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution and in the WV Constitution says that I do have the right to see the evidence against me and to confront my accuser, due process of law rights.
I ask this court to have this order dismissed with prejudice and the $200 filing fee be reimbursed to me.
Last edited:
