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"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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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

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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