Declaratory Judgment - County Court Of The Second Judicial Circuit, In And For Franklin County, Florida

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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.

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