Affidavit of Diligent Search and Inquiry
An affiant who wishes to obtain a constructive service (otherwise known as service by publication) in a civil case must execute this affidavit. To complete this form, type or print the entries in blank ink. Upon completion, affiant must sign the completed form in the presence of a notary public or deputy clerk. The original completed copy of this affidavit must be submitted to the clerk of the Circuit Court while another copy should be kept by the affiant for records purposes.
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INSTRUCTIONS FOR AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY When should this form be used? This form is to be used to obtain constructive service (also called service by publication) in a civil case. The Defendant is entitled to actual notice of the proceedings when possible. When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the Defendant . A last known address cannot be unknown. This form i ncludes a checklist of places you can look for information on the location of the Defendant . While you do not have to look in all of these places, the court must believe that you have made a very serious effort to get information about the Defendant ’s location and that you have followed up on any information you received. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk . You should file the original with the clerk of the circuit court and you should keep a copy for your records. IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION , Case No.: _________________ Plaintiff(s), Division: _________________ v. , Defendant(s) . AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I, {full legal name} , being sworn, certify that the following information is true: 1. I have made diligent search and inquiry to discover the name and current residence of Defendant {full legal name} _ _________________________________________ . Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary): [ √ all that appl y] United States Post Office inquiry through Freedom of Information Act for current address or any relocations. ____ Last known employment of Defendant , including name and address of employer. You should also ask for any addresses to which W -2 Forms were mailed, and, if a pension or profit- sharing plan exists, then for any addresses to which any pension or plan payment is and/or has been mailed. ____ Unions from which Defendant may have worked or that governed his or her particular trade or craft. ____ Reg ulatory agencies, including professional or occupational licensing. ____ Names and addresses of relatives and contacts with those relatives, and inquiry as to Defendant ’s last known address. You are to follow up any leads of any addresses where Defendant may have moved. Relatives include, but are not limited to: parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great -grandparents, former in -laws, stepparents, stepchildren. ____ Information about the Defendant ’s possible death and, if dead, the date and location of the death. ____ Telephone listings in the last known locations of Defendant ’s residence. ____ Internet at http://www.switchboard.com or other Internet databank locator service. Please indicate if a public library a ssisted you in your search. ____ Law enforcement arrest and/or criminal records in the last known residential area of Defendant . ____ Highway Patrol records in the state of Defendant ’s last known address. ____ Department of Motor Vehicle records in the state of Defendant ’s last known address. ____ Department of Corrections records in the state of Defendant ’s last known address. ____ Title IV -D (child support enforcement) agency records in the state of Defendant ’s last known address. ____ Hospitals in the last known area of Defendant ’s residence. ____ Utility companies, which include water, sewer, cable TV, and electric, in the last known area of Defendant ’s residence. ____ Letters to the Armed Forces of the U.S. and their response as to whether or no t there is any information about Defendant . (See Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a).) _ ___ Tax Assessor’s and Tax Collector’s Office in the area where Defendant last resided. _ ___ Other: {explain} _ _____________________________________________________________ ___________________________________________________________________________________ _ __________________________________________________________________________________ 2. The age of Defendant is [Choose only one] ( ) n {en k own ter age} _____ or ( ) unknown. 3. Defendant ’s current residence [Choose only one] a. ____ Defendant ’s current residence is unknown to me. b. ____ Defendant ’s current residence is in some state or country other than Florida. ________________________________________________________________________ c. ____The Defendant , having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceals him/her self so that process cannot be served personally upon him or her, and I believe there is no person in the state upon whom service of process would bind this absent or concealed Defendant . 4. Defendant ’s last known address as of {date} __________________________________ _, _ was: Address___________________________City_____________________State_________Zip______ Telephone No. ______ _ F ________ ___ ax No._________________________. Defendant ’s last known employment, as of {date} _ _____________ ___________________, was Name of Employer_ _______________________________________________________________ Address_ ____________________________City_ ____________________State _____Zip_______ Telephone No. _ ________________ Fax No. _ ________________________. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Plaintiff Prin ted Name: Address: City, State, Zip: Telephone Number: Fax Number: E- mail Address(es): _____________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . _________________________________________________ NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced : ________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) P laintiff ( ) D e fendant This form was completed with the assistance of: {name of individual} ___________________________________________________________________ {name of business} ____________________________________________________________________ {address} ____________________________________________________________________________ {city} _ ______________________, {state} _ ___________, {telephone number} ____________________
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