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Free Florida Affidavit of Diligent Search and Enquiry Form - PDF Form Download

Florida Affidavit of Diligent Search and Enquiry Form Overall rating: ☆☆☆☆☆ 0 based on 0 reviews
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Use this template/form as an Affidavit of Diligent Search and Enquiry in the State of Florida

florida-affidavit-of-diligent-search-and-inquiry


Text version of this Form

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM

12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY (01/12)

When should this form be used?

This form is to be used with Notice of Action for Dissolution of Marriage (No Child or Financial Support),

Florida Supreme Court Approved Family Law Form 12.913(a)(1) and Notice of Action For Family Cases

With Minor Child(ren), Form 12.913(a)(2), to obtain constructive service (also called service by

publication).

The other party 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 other party. A last known address cannot be unknown. This form includes

a checklist of places you can look for information on the location of the other party. 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 other party’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 and a Notice of Action for

Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law

Form 12.913(a)(1), or Notice of Action For Family Cases With Minor Child(ren), Form 12.913(a)(2), with

the clerk of the circuit court in the county where your petition is filed. You should keep a copy for your

records.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the

beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of

Procedure and chapter 49, Florida Statutes.

Special notes…

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these

forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of

Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also

must put his or her name, address, and telephone number on the bottom of the last page of every form

he or she helps you complete.

Instructions for Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry

(01/12)

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IN THE CIRCUIT COURT OF THE __ JUDICIAL CIRCUIT,

IN AND FOR ___ COUNTY, FLORIDA

Case No.:

Division:

__ ,

Petitioner,

and

____ ,

Respondent.

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

Respondent: {Specify details of search} 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):

[Check all that apply]

____ United States Post Office inquiry through Freedom of Information Act for current address or any

relocations.

____ Last known employmentof Respondent, 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 Respondent may have worked or that governed his or her particular trade or

craft.

____ Regulatory agencies, including professional or occupational licensing.

____ Names and addresses of relatives and contacts with those relatives, and inquiry as to

Respondent’s last known address. You are to follow up any leads of any addresses where

Respondent 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 Respondent’s possible death and, if dead, the date and location of the

death.

____ Telephone listings in the last known locations of Respondent’s residence.

____ Internet at http://www.switchboard.com or other Internet databank locator service. Please

indicate if a public library assisted you in your search.

____ Law enforcement arrest and/or criminal records in the last known residential area of

Respondent.

____ Highway Patrol records in the state of Respondent’s last known address.

____ Department of Motor Vehicle records in the state of Respondent’s last known address.

Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (–/–)

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____ Department of Corrections records in the state of Respondent’s last known address.

____ Title IV-D (child support enforcement) agency records in the state of Respondent’s last known

address.

____ Hospitals in the last known area of Respondent’s residence.

____ Utility companies, which include water, sewer, cable TV, and electric, in the last known area of

Respondent’s residence.

____ Letters to the Armed Forces of the U.S. and their response as to whether or not there is any

information about Respondent. (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 Respondent last resided.

____ Other: {explain} __________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

2. The age of Respondent is [Choose only one] ( ) known {enter age} _____ or ( ) unknown.

3. Respondent’s current residence

[Choose only one]]

a. ____ Respondent’s current residence is unknown to me.

b. ____ Respondent’s current residence is in some state or country other than Florida.

_________________________________________________________________________

c. ____The Respondent, 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 Respondent.

4. Respondent’s last known address as of {date}____________________________________, was:

Address___________________________City_____________________State_________Zip______

Telephone No. __________________Fax No._________________________.

Respondent’s last known employment, as of {date}_________________________________, was

Name of Employer________________________________________________________________

Address_____________________________City_____________________State _____Zip_______

Telephone No.__________________ Fax No._________________________.

Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (–/–)

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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 Petitioner

Printed Name: ___________________________

Address: ________________________________

City, State, Zip: ___________________________

Telephone Number: _______________________

Fax Number: ____________________________

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]

I, {full legal name and trade name of nonlawyer} _____________________________________________,

a nonlawyer, located at {street} ___________________________________ {city} ___________________,

{state} ____________, {phone} _____________, helped {name} _________________________________,

who is the petitioner, fill out this form.

Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (–/–)

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