La. Admin. Code tit. 55 § III-365

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-365 - Valuation of Motor Vehicles Awarded Pursuant to a Judgment of a Court of Limited Jurisdiction

A. The following guidelines shall be used when determining the value of a motor vehicle, the ownership of which is acquired pursuant to a written judgment of a trial court of limited jurisdiction.

1. If the written judgment or the written reasons for judgment do not indicate that the court made a determination as to the value of the motor vehicle, the value shall be determined pursuant to §355

2. If the written judgment or the written reasons for judgment contain a determination as to the value of the motor vehicle, and such value is not less than the value of the vehicle as determined in §355, then the motor vehicle shall be valued at such amount for purposes of collecting the vehicle registration license tax.

3. If the written judgment or the written reasons for judgment contain a determination as to the value of the motor vehicle, and such value is less than the value of the vehicle as determined in §355, then the following shall apply.

a. If the judgment or reasons for judgment contain specific factual findings as to why that particular value was assigned to the motor vehicle, then the motor vehicle shall be valued at such amount for purposes of collecting the vehicle registration license tax.

b. If the judgment or reasons for judgment do not contain specific factual findings as to why that particular value was assigned to the motor vehicle, then the motor vehicle shall be valued pursuant to §355 B

4. Any judgment that is not reduced to writing shall not be used in the determination of the value of the motor vehicle for purposes of this Subchapter.

5. If the person submitting the application to register the motor vehicle refuses to pay the vehicle registration license tax as required in §365, the department shall deny or refuse the transaction.

B. No judgment shall be processed for purposes of titling or registering a motor vehicle unless the written judgment or the written reasons for judgment contain the following information:

1. the make, model, and model year of the motor vehicle;

2.

a. the vehicle identification number of the motor vehicle, chassis number, or serial number as assigned by the manufacturer; or

b. the state police vehicle number assigned by a commissioned Louisiana state trooper after a physical inspection of the vehicle if the vehicle does not have a vehicle identification number assigned by the manufacturer;

3. the full name of each person or business entity in which the vehicle is to be titled and registered;

4. the full name of each person or business entity who sold, transferred, or otherwise assigned the vehicle to the persons or businesses required to be listed by §365. B 3;

5. the full price or other consideration given in exchange for the vehicle;

6. the date the sale, transfer or assignment occurred;

7. a statement as to whether any outstanding liens on the vehicle, which have been recorded with the Office of Motor Vehicles, have been released.

La. Admin. Code tit. 55, § III-365

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 23:1325 (October 1997), amended LR 24:476 (March 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 47:463(A)(2).