Contents
Form Example
TEXAS DEPARTMENT OF LICENSING AND REGULATION
COMPLIANCE DIVISION/Tow Truck/Vehicle Storage Program P.O. Box 12157 Austin TX 78711 Email: Towing@license.state.tx.us Website Address: www.license.state.tx.us
Affidavit of Right of Possession
State of Texas
County of _________________
Before me the undersigned notary public, personally appeared ___________________________________, driver’s
license no. ___________________, issued by the State of ________________, who, upon being duly sworn, on oath
stated to me the following:
‘‘I am executing this Affidavit of Right of Possession because I am related to __________________________________,
the owner of the ______________________________________ (year, make and model of vehicle) bearing license plate
number or VIN number ___________________________ registered in the state of _____________. The owner of this
vehicle is my ___________________ (nature of relationship). I certify that I have the permission of and authority from
the owner to take possession of this vehicle.’’
_________________________________
Signature of Affiant
Date______________________________
Subscribed and sworn to before this _____ day of __________________, 20____.
____________________________________
Notary Public, In and for the State of Texas
My commission expires: ________________
This document does not serve as an instrument for repossession and may only be executed by an immediate family member of the
vehicle owner. Leaving blank lines will render this form void and invalid.
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Common mistakes
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Failing to Complete All Required Fields: Many individuals leave important sections blank, such as the owner's name, vehicle details, or their relationship to the owner. Each field must be filled out completely to ensure the form is valid.
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Incorrectly Identifying the Relationship: Some people mistakenly describe their relationship to the vehicle owner. It’s crucial to accurately state the nature of the relationship, as this affects the legitimacy of the affidavit.
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Not Signing the Affidavit: Omitting a signature is a common oversight. The affiant must sign the document for it to be legally binding. Without a signature, the form is rendered void.
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Ignoring Notary Requirements: Some individuals forget to have the affidavit notarized. The notary’s signature and seal are essential for validating the document. Ensure this step is not overlooked.
Key takeaways
When filling out and using the Texas Possession form, it is essential to understand its requirements and implications. Here are key takeaways to consider:
- Immediate Family Requirement: Only immediate family members of the vehicle owner can execute this form. This ensures that the person taking possession has a legitimate claim.
- Complete Information: All sections of the form must be filled out completely. Leaving any blank lines can render the document void and invalid.
- Notarization: The form must be notarized. This adds a layer of authenticity and ensures that the information provided is verified.
- Affidavit Statement: The affiant must clearly state their relationship to the vehicle owner. This relationship must be specified to establish authority.
- Vehicle Details: Accurate details about the vehicle, including year, make, model, and license plate or VIN number, are crucial. Incorrect information can lead to complications.
- Owner's Permission: The affiant must certify that they have the owner’s permission to take possession of the vehicle. This is a critical legal requirement.
- Submission: After completing and notarizing the form, it may need to be submitted to the appropriate authority, depending on the situation.
- Contact Information: For any questions or further guidance, reach out to the Texas Department of Licensing and Regulation at Towing@license.state.tx.us or visit their website.
By following these guidelines, you can ensure that the Texas Possession form is completed correctly and serves its intended purpose.
Steps to Using Texas Possession
Filling out the Texas Possession form is an important step for individuals needing to assert their right to a vehicle. This form must be completed accurately to ensure it is valid. Below are the steps to guide you through the process.
- Obtain the form: Start by downloading or printing the Texas Possession form from the Texas Department of Licensing and Regulation website.
- Fill in the county: In the first blank line, write the name of the county where you are filing the form.
- Provide your name: In the next blank, write your full name as the affiant (the person making the statement).
- Enter your driver's license number: Fill in your driver's license number in the designated space.
- State the issuing state: Write the name of the state that issued your driver's license.
- Identify the vehicle owner: In the next blank, write the name of the vehicle owner.
- Describe the vehicle: Fill in the year, make, and model of the vehicle in the appropriate section.
- Provide the vehicle identification number (VIN): Enter the VIN or license plate number of the vehicle.
- State the vehicle's registration state: Write the name of the state where the vehicle is registered.
- Describe your relationship: Indicate your relationship to the vehicle owner in the space provided (e.g., brother, sister, parent).
- Sign the form: As the affiant, sign the form in the designated area.
- Date the form: Write the date you are signing the form.
- Notarization: Take the completed form to a notary public, who will sign and date it, confirming your identity and the authenticity of your signature.
Once the form is filled out and notarized, it is ready for submission. Make sure to keep a copy for your records, as it may be needed for future reference or verification.