DECLARATORY JUDGMENT
Contents:
Procedures and Information
Instructions for Complaint
Complaint
Motor Vehicle
Tax Collector
FLHSMV
Affidavit
Summons
Diligent Search Documentation
Motion for Clerk’s Default
Declaratory Judgment Packet
A declaratory judgment establishes the rights and other legal actions of the parties without
providing for or ordering enforcement.
One example is, if you purchased a vehicle or boat and cannot obtain a certificate of title from
the previous owner, you can obtain a judgment declaring your ownership.
For more information on declaratory judgments, the following resources are available in the Law
Library. A Law Library Associate can assist you with locating any of these resources.
Title
Call
Number
Law Library
Locations
Electronic Access
Florida Causes of
Action
Main, North,
South
No
Florida Elements of
an Action
Main, North,
South
Westlaw
Florida Statutes
Main, North,
South
https://www.flsenate.gov/Laws/Statutes
LaCoe’s Pleadings
Under the Florida
Rules of Civil
Procedure
Main, North,
South
Westlaw
Page 1 of 2
Procedures and Information for
Obtaining Alternate Proof of Vehicle Ownership Declaratory Judgment
This packet will provide you with information to help you obtain a Florida Court order awarding
ownership of a vehicle that you own but did not receive a title to at the time of purchase.
Following these guidelines will not guarantee your request for Declaratory Judgment will
be granted. Court Orders will be issued in accordance to the ruling of the presiding Judge. For
legal questions and advice, you must contact an attorney.
You will need to request and receive a Florida Court Order specifically directing the Department
of Highway Safety and Motor Vehicles, Division of Motorist Services, to issue a certificate of
title to you. The court order must describe the motor vehicle, vessel, or mobile home. The
Florida Court Order must indicate the year, make, and vehicle/hull identification number and
include any additional instructions, such as: the certificate of title is to be issued free and clear of
all liens.
Before the Court will consider such an Order, you must complete each of the following steps:
1. You will be required to make a diligent search to locate the former owner to transfer title.
2. You will be required to provide a bill of sale, canceled check, letter, memorandum or
some means of proving rights to ownership.
3. You will be subject to Sales Tax on the purchase price unless you can provide proof of
prior legitimate payment.
4. If the former owner has moved from the area without leaving a forwarding address, you
must mail a letter, requesting the title, to the former owner’s last known address, via
certified mail, return receipt requested. You will be required to submit a copy of the letter
along with the unopened returned letter with your request for Declaratory Judgment. If
the letter is signed for, it is assumed the owner can be located and the title would be
required. It is advisable to send the certified letter with “restricted delivery” to prevent
anyone other than the owner from signing for delivery of the letter.
5. You will be required to get a Motor Vehicle Identification Number Inspection from
the County Sheriff’s Office establishing that the vehicle has not been reported stolen. A
judicial deputy may be able to help you with this and may be contacted through the office
of the county Judge.
6. You will be required to complete an Affidavit of Diligent Search and Inquiry. The
affidavit must be notarized.
7. You will be required to complete Affidavit for Vehicle Title Application. The affidavit
must be notarized.
8. You must file your completed paper work with the Clerk of the Circuit Court in the
appropriate county.
Page 2 of 2
9. A filing fee is required. If you feel that you cannot afford the cost, you can request an
Affidavit of Indigence to determine if the fee can be waived.
10. Once a case number has been issued, you will be required to submit a request for
information to the Department of Highway Safety and Motor Vehicles, Motorist Services
in Tallahassee, requesting the owner of record. You must complete form HSMV 85054 –
Driver License Motor Vehicle/Vessel Records Request. Use exemption number five
stating the record will be used in connection with a civil proceeding for investigation by
any person in connection with any filed proceeding. You must indicate the case number.
Rev. 052422
Instructions for Complaint for Declaratory Judgment
This packet is designed to help a person represent themselves in Court without the assistance of
an attorney. If you have any legal questions, please consult an attorney or Legal Aid.
The packet is to assist you in obtaining a title for a vehicle you own but for which you did not
receive a title at the time of purchase. The Court may issue an Order directing the Department of
Highway Safety and Motor Vehicles to issue a certificate of title for your vehicle. We do not
guarantee that either instructions or the forms will achieve the desired results by the parties. Any
Person using these forms and instructions should do so at their own risk.
Step One
Complaint for Declaratory Judgment and Relief
☐ Complete this form in its entirety, sign and date (with appropriate attachments)
Affidavit of Vehicle Title Application
☐ Complete form in its entirety
Motor Vehicle, Vessel, and Mobile Home Records Request
☐ Complete form in its entirety
Vehicle Identification Number and Odometer Verification
☐ Complete form in its entirety
Summons or Notice of Action/ Affidavit of Diligent Search
☐ Complete form in its entirety
Motion for Default/ Motion for Default Judgment
☐ Complete both forms in their entirety
Step Two
Return to Clerk’s Office with all necessary forms and fees to file
Clerk will issue Summons/ Notice of Action
Once days have been completed, please file the appropriate Proof of Publication, if applicable,
with Clerk and request Default or Notice of Hearing.
IN THE ________ COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. __________________________
Motor Vehicle Identification Number Inspection*
This is to certify that the below listed identification number has been verified as not appearing in
the NCIC/FCIC Database as being stolen at the time of this affidavit.
This identification number is assigned to:
☐ Vehicle
☐ Vessel
☐ Trailer
☐ Mobile Home
Year
Make
Model
Identification Number
Deputy’s Name
ID #
Agency
Date/Time
County Sheriff’s
Office
Notes:
*This document does not supersede or replace HSMV 82042 (REV. 6/11) S – Vehicle
Identification Number and Odometer Verification. HSMV 82042 (REV. 6/11) S must be
completed at the time of registration.
FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DIVISION OF MOTORIST SERVICES
SUBMIT THIS FORM TO YOUR LOCAL TAX COLLECTOR OFFICE
www.flhsmv.gov/offices/
VEHICLE IDENTIFICATION NUMBER AND ODOMETER VERIFICATION
PART A - OWNER’S VEHICLE IDENTIFICATION AFFIDAVIT AND ODOMETER DECLARATION
(Completion of this part requires a physical inspection of the vehicle by the owner)
AFFIDAVIT:
DATE:
This is to certify that I, the undersigned, am the lawful owner of the motor vehicle described on this form and that I have,
on the date entered above, made a physical inspection of the motor vehicle and have recorded the vehicle identification
number and other identification information and the odometer reading and certification in the spaces provided on this form.
VEHICLE IDENTIFICATION (MOTOR NUMBER ALL MAKES THROUGH 1954 - IDENTIFICATION NUMBER 1955 AND LATER)
Vehicle Identification Number Year Make Color Body
Previous State Vehicle Titled In
ODOMETER DECLARATION
WARNING: Federal and State law require that you state the mileage in connection with an application for a
Certificate of Title. Failure to complete or providing a false statement may result in fines and/or imprisonment.
I /WE STATE THAT THIS 5
OR
6 DIGIT ODOMETER NOW READS
,
.XX (NO TENTHS)
MILES, DATE READ
/
/ AND I/WE HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE
THE ODOMETER READING:
1. reflects ACTUAL MILEAGE. 2. is IN EXCESS OF ITS MECHANICAL LIMITS. 3. is NOT THE ACTUAL MILEAGE.
UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE.
(Owner/ Purchaser Signature)
Printed name
(Seller's Signature)
Printed name
PART B – VERIFICATION OF THE VEHICLE IDENTIFICATION NUMBER
This section requires a physical inspection under the windshield and in the door jamb to verify the vehicle identification number (VIN)
for the motor vehicle described in this form. If the motor vehicle was manufactured prior to 1955, the motor number must be verified.
If the verification is performed by someone other than a Notary, the VIN verification can be performed by a Florida Licensed Dealer,
Law Enforcement Officer, Military Police Officer, or Florida Compliance Examiner/Inspector (Division of Motorist Services/Tax
Collector employee). Complete this section on all used motor vehicles, including trailers, (with abbreviation of “TL” with a weight of
2,000 pounds or more) not currently titled in Florida.
I, the undersigned, certify that I have physically inspected the above described vehicle and find the vehicle identification number
under the windshield and in the door jamb to be identical to the vehicle identification number recorded on this form.
UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT
AND THAT THE FACTS STATED IN IT ARE TRUE.
Date: (Seal)
Commissioned Name of Florida Notary:
(Print, Type or Stamp)
Notary’s Signature:
If other than a Notary, check the box below that applies, and sign and complete the corresponding fields. Verified by:
Florida Compliance Examiner/ Military Police Officer/
Inspector(DMS/TC Employee) Law Enforcement Officer
Printed Name:
Florida Licensed Dealer
Signature:
Florida Compliance Examiner/Inspector Name: Badge or ID #:
Law Enforcement Agency Name: LEO Badge #:
Florida Dealer Name: Florida Dealer #:
◆
NOTICE: ANY ALTERATION OR ERASURE MAY VOID THIS DOCUMENT
♦
HSMV 82042 (REV. 01/15/21) www.flhsmv.gov
WHO IS AUTHORIZED TO COMPLETE THIS FORM?
ANY PERSON OR AUTHORIZED AGENT OF ANY PERSON REQUIRED TO MAKE APPLICATION FOR CERTIFICATE
OF TITLE AND/OR REGISTRATION.
WHEN SHOULD THIS FORM BE COMPLETED?
ON ALL USED MOTOR VEHICLES, INCLUDING TRAILERS NOT CURRENTLY TITLED IN FLORIDA, WITH A NET
WEIGHT OF 2,000 POUNDS OR MORE.
WHEN SHOULD THIS FORM NOT BE COMPLETED?
WHEN CERTIFICATE OF TITLE IS BEING APPLIED FOR ON ONE OF THE FOLLOWING:
1. NEW MOTOR VEHICLE, REGARDLESS OF WHETHER PURCHASED IN FLORIDA OR
OUT OF-STATE
2. MOBILE HOME
3. TRAILER OR SEMITRAILER WITH A NET WEIGHT OF LESS THAN 2,000 POUNDS
4. TRAILER TYPE RECREATIONAL VEHICLE (TRAVEL TRAILERS AND CAMP TRAILERS)
5. OFF-HIGHWAY VEHICLE
Visit the following website for current mailing addresses http://www.flhsmv.gov/offices/
HSMV 82042 (REV. 01/15/21) www.flhsmv.gov
FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES
DIVISION OF MOTORIST SERVICES
2900 Apalachee Parkway, Room B231, Mail Stop 57
Neil Kirkman Building - Tallahassee, FL 32399
MOTOR VEHICLE, VESSEL AND MOBILE HOME RECORDS REQUEST
FEES ARE REQUIRED AT TIME OF REQUEST AND ARE PAYABLE TO DIVISION OF MOTORIST SERVICES.
PLEASE ALLOW A 2-WEEK PROCESSING TIME FROM THE DATE WE RECEIVE THIS REQUEST.
Requester's Information:
Name of Requester Date of Request
Reference # (Case/File Name)
Street Address To receive personal i
nformation, provide
the exemption number(s) above from the list on the
back of this form . * If you request your
own personal information, see note below.
Email Address
City S
tate Zip Fax Number
Under penalty of perjury, I affirm that I am entitled to receive this information and understand that
I may not redisclose this information, except as provided in section 119.0712(2), Florida Statutes,
and the Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.
Signature of Requester or Contact Perso
n Telephone
Number
*NOTE: If requesting your own personal information you must sign this request.
Type of Record Request: Motor V
ehicle Vessel Mobile Home Last known address
Certified Record Request (An additional $3.00 is required per record)
(Records are available up to 10 years. You may
attach a separate sheet for additional requests.)
CURRENT REGISTRATION REQUEST - $ .50 Each
VIN/HIN Number Make
Year Title Number License Plate or FL #
Current
OR
(as of): Month Day
Year
TITLE RECORD REQUEST (By Vehicle/Vessel Identification Number or Title Number Only)
VIN/HIN Number
Title Number
Title History Printout (lists owner(s) of vehicle) - $1.00
Specific Title Transaction - $1.00 Per Page
(Month, Day and Year)
Complete Title History (scanned Images)- $25.00
We request $25.00 as initial payment for each record. The fee is $1
per page. If additional fees are required, we will contact you.
MOTOR VEHICLE RECORD REQUEST BY NAME AND PERSONAL INFORMATION - $ .50 Each
First Middle Last Date of Birth Driver License/ID number
HSMV 90510 - Revised 03/19
DRIVER'S PRIVACY PROTECTION ACT EXEMPTIONS
Pursuant to section 119.0712(2), F. S., personal information in motor vehicle and driver license records can be released for the following
purposes, as outlined in 18 United States Code, section 2721.
Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety
and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles
and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle
manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act
(15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 49, and, subject to
subsection (a)(2), may be disclosed as follows:
1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private
person or entity acting on behalf of a Federal, State, or local agency in carrying out itsfunctions.
2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle
market research activities, including survey research; and removal of non-owner records from the original owner records of
motor vehicle manufacturers.
3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only -
(a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or
contractors; and
(b) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the
individual.
4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency
or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution
or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court.
5. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published,
redisclosed, or used to contact individuals.
6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud activities, rating or underwriting.
7. For use in providing notice to the owners of towed or impounded vehicles.
8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license
that is required under chapter 313 of title 49.
10. For use in connection with the operation of private toll transportation facilities.
11. For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of
the person to whom such personal information pertains.
12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom
such personal information pertains.
13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the
information pertains.
14. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation
of a motor vehicle or public safety.
If you have questions or need additional information, please contact the Department’s Customer Service Center at (850)
617-2000.
Visit our website: www.flhsmv.gov
IN THE COUNTY COURT, PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
UNIFORM CASE NO. --------------------------------------------------------
DIVISION: ------------------------
----------------------------------------------- -
PLAINTIFF(S),
-VS-
---------------------------------------------------
DEFENDANT(S),
*** S U M M O N S***
THE STATE OF FLORIDA:
TO EACH SHERIFF IN THE STATE:
YOU ARE COMMANDED TO SERVE THIS SUMMONS AND A COPY OF THE COMPLAINT OR PETITION IN THIS
ACTION ON DEFENDANT:
--------------------------------------------------------------------------------------------------
ADDRESS: -----------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------- -------------------------------
EACH DEFENDANT IS REQUIRED TO SERVE WRITTEN DEFENSES TO THE COMPLAINT OR PETITION ON
PLAINTIFFS ATTORNEY WHOSE NAME AND ADDRESS IS:
WITHIN FORTY (40) DAYS AFTER SERVICE OF THIS SUMMONS ON THAT DEFENDANT, EXCLUSIVE OF THE DAY OF
SERVICE, AND TO FILE THE ORIGINAL OF THE DEFENSES WITH THE CLERK OF THIS COURT EITHER BEFORE
SERVICE ON PLAINTIFFS ATTORNEY OR IMMEDIATELY THEREAFTER. IF A DEFENDANT FAILS TO DO SO, A
DEFAULT WILL BE ENTERED AGAINST THAT DEFENDANT FOR THE RELIEF DEMANDED IN THE COMPLAINT OR
PETITION.
DATED ON
Joseph Abruzzo
Clerk of the Circuit Court & Comptroller
By: ------------------------------------------------------
Deputy Clerk
“If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact William Hutchings , Americans with Disabilities
Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West
Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before
your scheduled court appearance, or immediately upon receiving this notification
if the time before the scheduled appearance is less than 7 days; if you are hearing
or voice impaired, call 711.”
“Si usted es una persona minusválida que necesita algún acomodamiento para
poder participar en este procedimiento, usted tiene derecho, sin tener gastos
propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en
contacto con William Hutchings, 205 N. Dixie Highway, West Palm Beach, Florida
33401; teléfono número (561) 355-4380, por lo menos 7 días antes de la cita fijada
para su comparecencia en los tribunales, o inmediatamente después de recibir esta
notificación si el tiempo antes de la comparecencia que se ha programado es menos
de 7 días; si usted tiene discapacitación del oído o de la voz, llame al 711.”
“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi
sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kèk
èd. Tanpri kontakte William Hutchings, kòòdonatè pwogram Lwa pou ameriken
ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway,
West Palm Beach, Florida 33401; telefòn li se (561) 355-4380 nan 7 jou anvan dat
ou gen randevou pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa
konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si ou gen
pwoblèm pou w tande oubyen pale, rele 711.”
IN THE COUNTY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
IN RE: STANDING ORDER FOR
CASE MANAGEMENT FOR SUBMISSION
OF AGREED CASE MANAGEMENT PLAN FOR
CASES FILED ON OR AFTER APRIL 30, 2021
/
STANDING ORDER FOR CASE MANAGEMENT AND SUBMISSION OF AGREED
CASE MANAGEMENT PLAN IN COUNTY CIVIL CASES IN THE
PALM BEACH COUNTY COURT FILED ON OR AFTER APRIL 30, 2021
(DCMSO)
Pursuant to Florida Rule of Civil Procedure 1.200(a), Florida Rule of General Practice and
Judicial Administration 2.545, and Administrative Order 3.107 entered by the Chief Judge of this
Circuit, the parties are informed of the following information and procedures applicable to civil
lawsuits filed on or after April 30, 2021:
1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this Order with
each Summons issued in this case. One copy of this Order is to be filed with the Clerk of the Circuit
Court with proof of service.
2. CIVIL CASE MANAGEMENT SYSTEM. The Supreme Court of Florida has established
guidelines for the prompt processing and resolution of civil cases. This Court has adopted a case
management system to help meet those guidelines. In contested cases, the parties are required to
participate in the case management system. The case management system requires early
consultation and cooperation among the parties for the preparation and submission of an Agreed
Case Management Plan and early involvement by the Court. The Agreed Case Management Plan
requires the parties to identify a case track, confer in a good faith and attempt to narrow the matters
in controversy, identify the issues that require direct involvement by the Court, and establish a
schedule for addressing those issues.
1
The Agreed Case Management Plan may be accessed at the
Court’s website at: https://15thcircuit.com/civil-differentiated-forms-and-orders.
Unless all of the Defendants have been served and have been defaulted or dropped, an Agreed
Case Management Plan must be submitted to the assigned divisional queue via the Court’s online
scheduling system (OLS) as an attachment, in PDF format, to a proposed Order Accepting Agreed
Case Management Plan on or before 130 days from the date of filing of the initial complaint. If
1
Case Track options include Expedited, Streamlined, General, or Complex. Case Tracks have been established in order
to comply with the case disposition standards set forth in Florida Rule of General Practice and Judicial Administration
2.250(a)(1)(B).
the parties are unable to agree on an Agreed Case Management Plan by the applicable deadline, a
case management conference will be scheduled by the Court or the Court will review and issue an
Order Implementing Case Management Plan without agreement of the parties. No matters that arise
as a result of this standing order, including lack of agreement, will be set on the Court’s Uniform
Motion Calendar and will, instead, be settled by the Court either at the case management conference
or via an Order Implementing Case Management Plan without agreement of the parties. If a case
management conference is scheduled, attendance by trial counsel and those parties who are not
represented by counsel is mandatory.
If all Defendants are served and defaulted or dropped, the Plaintiff will file the appropriate
documentation to pursue a Default Final Judgment within 130 days of the filing of the complaint
and Final Judgment is to be entered or set for hearing within 150 days of the filing of the complaint.
3. NON-APPLICABILITY TO SMALL CLAIMS CASES. The above outlined civil case
management system does not apply to cases proceeding under the Florida Rules of Small Claims.
However, when parties to a small claims case (including Personal Injury Protection cases) file a
Stipulation to Invoke the Rules of Civil Procedure, the civil case management system will apply.
Therefore, parties to small claims cases who invoke the Rules of Civil Procedure should submit an
Agreed Case Management Plan and Order Approving the Agreed Case Management Plan as outlined
above along with their Stipulation to Invoke the Rules of Civil Procedure.
4. MEDIATION/ALTERNATIVE DISPUTE RESOLUTION (ADR). ADR provides
parties with an out-of-court alternative to settling disagreements. Mediation is a type of ADR
wherein an independent third party attempts to arrange a settlement at a conference between the
parties. The Court requires the parties to participate in Mediation prior to trial unless the parties
agree to another form of ADR.
DONE AND ORDERED in Chambers at West Palm Beach, Florida, on this 26
th
day of April,
2021.
__________________________
Administrative County Judge