"Declaratory Judgment Form" - South Carolina

Declaratory Judgment Form is a legal document that was released by the South Carolina Family Court - a government authority operating within South Carolina.

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Download "Declaratory Judgment Form" - South Carolina

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DECLARATORY JUDGMENT
F.S. 86
You must first obtain the VIN number from the property and take to the Tax Collector’s
office who will run the VIN number through the computer. They will need to type a statement as
to who the vehicle is titled and their last known address. You should mail the last known owner a
letter requesting the title and why you are entitled to it. Attach a copy of the letter with the
Complaint along with any bill of sale or other documentation proving your ownership.
Complaint filed with Clerk must show adverse interest and chain of custody-Copy of bill
of sale.
Summons issued for all named Defendants at last known address with copy of Complaint
and any attachments and served by:
*certified mail return receipt requested or
*sheriff’s service
Co-Defendant State of Florida, Dept. of Highway safety and motor vehicles may be
served by certified mail to Enoch J. Whitney, Dept. of Highway Safety and Motor Vehicles, Neil
Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Fl. 32399
(Clerk will make a copy of the summons for the court file)
If Defendants not found by sheriff or card returned from post office without signature,
then you file and Affidavit of Diligent Search and Inquiry and obtain a Notice of Action for
Declaratory Judgment from the Clerk of Court and publish in a qualified newspaper for four
consecutive weeks.
*Affidavit of Diligent Search and Inquiry
*Notice of Action for Declaratory Judgment
File proof of publication with Clerk
If Defendants file an answer objecting to your Complaint, case will be given to the Judge
for a hearing date to be scheduled.
If Defendants fail to file an answer with the Clerk after the 20 days have lapsed from the
last date of publication, you file a Motion for Default (Clerk has form).
Default entered by Clerk
Defendant Contacts Judge Russell’s office for hearing date/time.
DECLARATORY JUDGMENT
F.S. 86
You must first obtain the VIN number from the property and take to the Tax Collector’s
office who will run the VIN number through the computer. They will need to type a statement as
to who the vehicle is titled and their last known address. You should mail the last known owner a
letter requesting the title and why you are entitled to it. Attach a copy of the letter with the
Complaint along with any bill of sale or other documentation proving your ownership.
Complaint filed with Clerk must show adverse interest and chain of custody-Copy of bill
of sale.
Summons issued for all named Defendants at last known address with copy of Complaint
and any attachments and served by:
*certified mail return receipt requested or
*sheriff’s service
Co-Defendant State of Florida, Dept. of Highway safety and motor vehicles may be
served by certified mail to Enoch J. Whitney, Dept. of Highway Safety and Motor Vehicles, Neil
Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Fl. 32399
(Clerk will make a copy of the summons for the court file)
If Defendants not found by sheriff or card returned from post office without signature,
then you file and Affidavit of Diligent Search and Inquiry and obtain a Notice of Action for
Declaratory Judgment from the Clerk of Court and publish in a qualified newspaper for four
consecutive weeks.
*Affidavit of Diligent Search and Inquiry
*Notice of Action for Declaratory Judgment
File proof of publication with Clerk
If Defendants file an answer objecting to your Complaint, case will be given to the Judge
for a hearing date to be scheduled.
If Defendants fail to file an answer with the Clerk after the 20 days have lapsed from the
last date of publication, you file a Motion for Default (Clerk has form).
Default entered by Clerk
Defendant Contacts Judge Russell’s office for hearing date/time.
IN THE COUNTY COURT OF THE SECOND
JUDICIAL CIRCUIT, IN AND FOR FRANKLIN COUNTY, FLORIDA
CASE NO.__________________________
____________________________
Name(s) of Petitioner
____________________________
____________________________
Mailing Address
_____________________________________
Daytime Phone Number
Plaintiff(s),
Vs.
____________________________
____________________________
____________________________
Name/Last Known Address of Person Holding Title
And
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
Attn: Enoch J. Whitney
Neil Kirkman Building
2900 Apalachee Parkway
Tallahassee, Fl. 32399
Respondents.
__________________________________________________/
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff(s), _________________________________________________ under penalties
of perjury, hereby states the following:
1. This is an action for Declaratory Judgment and other relief pursuant to Chapter 86,
Florida Statues.
2. Plaintiff is a resident of ________________County, and have so resided during all
times
material
to
this
action.
Plaintiff’s
mailing
address
is:
_____________________________________________________________________
____________________________________________________________________.
3. Defendant(s) __________________________________________ whose last known
address is:____________________________________________________________
________________________________________________________________ is the
person or persons who must be sued because they are the last known owners of said
property described in this action. Co-Defendant, State of Florida, Department of
Highway Safety and Motor Vehicles is an agency of the State of Florida with duly
constituted, statutory authority for the issuance of license, tags, identification
numbers, plates and title certificates for vehicles, mobile homes, camper trailers, etc.
4. The property that is the subject of this Complaint is described as:________________
_______________________________________________________________ and is
located in Franklin County, Florida at the following address:
_____________________________________________________________________
____________________________________________________________________.
5. On or about ___________________________, Plaintiff obtained the property from
___________________________________ by purchasing said property for the
amount of $___________________. (Attached bill of sale). If the Plaintiff did not
purchase said property, please describe the transaction or how Plaintiff came to own
said property:
_____________________________________________________________________
____________________________________________________________________.
6. Plaintiff intends to use said property for the purpose of: _______________________
____________________________________________________________________.
7. Plaintiff has contacted the Division of Motor Vehicles and was informed that a court
of competent jurisdiction would have to determine ownership. A copy of said letter is
attached.
8. Plaintiff has taken certain steps to acquire a valid certificate of title, please describe:
_____________________________________________________________________
____________________________________________________________________.
9. Plaintiff will be unable to sell above described property without a certificate of title.
10. Plaintiff understands that if a court awards ownership to said property, Plaintiff to be
the true, sole owner of the subject property described above and directs the State of
Florida Department of Highway Safety and Motor Vehicles to transfer said ownership
to Plaintiff’s name as listed above.
DATED this _____________ day of _______________________________, 20______.
____________________________________
Plaintiff’s Signature
____________________________________
Plaintiff’s Signature
STATE OF FLORIDA
COUNTY OF FRANKLIN
SWORN to and subscribed before me this ______ day of __________________,
20___ by ___________________________________________ who is personally known
to me or who produced identification.
____________________________________
Notary Public or Deputy Clerk
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