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JaxLaw
JaxLaw, Lawyer
Category: Legal
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I am listing my mother as a lien holder on my vehicle. According

Customer Question

I am listing my mother as a lien holder on my vehicle. According to Florida statutes, in order to protect her rights as a lien holder against creditors, I need to have her listed as a lien holder on the title (I know how to do this) and "file a sworn notice of lien with the department". What department do I file this sworn notice of lien?.....does the application for notice of lien which is given to the dept of motor vehicles count as sworn notice?
Submitted: 4 years ago.
Category: Legal
Expert:  JaxLaw replied 4 years ago.
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

If you are referring to Florida Statutes, Section 319.27, those notices must be filed with the Department. The Department is defined in Section 319.32 as the Department of Highway Safety and Motor Vehicles. Sworn notice typically means an affidavit, signed and notarized stating that the facts contained are true and accurate.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
Customer: replied 4 years ago.


the dept of motor vehicles has no idea what I am talking about. Do you know the name of the affidavit I should ask for? Additionally, the state dept of hwy safety and motor vehicles said filing form 82139 is what places a lien on a vehicle. I have this form but it is not an affidavit. does this form constitute sworn notice?

Expert:  JaxLaw replied 4 years ago.
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

I do not believe there is a form. It is a document that must be prepared. A sworn statement is an affidavit which claim that the affiant (person giving the affidavit) swears all things in the affidavit are true, then signs and has it notarized. As long as it has the requirements in the statute (i.e. what the affiant is swearing to) and is signed and notarized, it is correct.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
Expert:  JaxLaw replied 4 years ago.
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

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DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
Expert:  JaxLaw replied 4 years ago.
DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

I see that you have viewed my response. I am hoping that I was able to answer your question. Please rate my answer so that I may receive credit for answering. Thank you again for choosing JustAnswer!

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
Expert:  JaxLaw replied 4 years ago.
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DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.