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I was wondering if anyone here know about filing a declaritory judgement. I
live in florida and and am trying to get a car in my name that has a
cretificate of destruction (same as a title with unrebuildable status) so I
can get the title back for it hopefully. I wrote the main DMV office and
they wrote back stating "In lieu of proof of ownership you may submit a
Declaritory Judgement which declares you to be the legal owner of the above
described vehicle." Does that first part mean if I had the cretificate of
destruction in my name it would be proof of ownership? He sold me the car
and I have a bill of sale.
The law states:
florida DMV website
TL-26-11
III. CERTIFICATE OF DESTRUCTION INSTRUCTIONS:
B) When a Certificate of Destruction has been issued, the department's
records will be
updated to reflect it. When the towing company sells the motor vehicle for
parts or scrap,
each subsequent owner must be recorded on the Certificate of Destruction.
The owner
who finally dismantles or crushes the motor vehicle must retain the original
(page one)
Certificate of Destruction for three years. The carbon copy of the
Certificate of Destruction must be kept for three years by the towing
company, after being completed
for transfer to a purchaser.
------------------------------
Section 713.78
(11)(a) . A certificate of destruction, which authorizes the dismantling or
destruction of the vehicle or vessel described therein, shall be
reassignable and shall accompany the vehicle or vessel for which it is
issued, when such vehicle or vessel is sold for such purposes, in lieu of a
certificate of title.
Any person who violates any provision of subsection .(11) is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Does this mean I am supposed to have the Certificate of Destruction in my
name? I couldn't find any laws saying I couldn't.
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