What is an Affidavit of Correction in Florida? A Complete Guide

Definition and Meaning of Affidavit of Correction

An Affidavit of Correction in Florida is a legally binding document that allows individuals to rectify errors in official records. This sworn statement is typically notarized and serves to clarify inaccuracies in documents such as vehicle titles, property deeds, or vital records. The affidavit outlines the specific mistake and provides the correct information, ensuring that the intended meaning of the document is preserved. Common errors corrected through this affidavit include typographical errors, incorrect names, or wrong dates.

How to Use the DR-123 Form

The DR-123 form, also known as the Affidavit of Correction, is utilized to amend errors on various official documents. To use the DR-123 effectively, follow these steps:

• Identify the Error: Determine the specific mistake in the document that needs correction.
• Gather Required Information: Collect all necessary details, including the correct information that should replace the erroneous data.
• Complete the Form: Fill out the DR-123 form accurately, ensuring all information is correct and clear.
• Notarization: Have the completed form notarized to validate the affidavit.
• Submission: Submit the notarized form to the appropriate authority, along with any required fees.

How to Obtain the DR-123 Form

The DR-123 form can be obtained from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) or through their official website. It is advisable to ensure that you are using the most current version of the form to avoid any issues during submission. You may also request a physical copy at local DHSMV offices or download it directly from their online resources.

Steps to Complete the DR-123 Form

Completing the DR-123 form involves several important steps:

• Download the Form: Access the latest version of the DR-123 from the DHSMV website.
• Fill in Personal Information: Provide your name, address, and contact details as the affiant.
• Describe the Error: Clearly state the nature of the error and the document it pertains to.
• Provide Correct Information: Enter the accurate details that should replace the incorrect ones.
• Sign and Notarize: Sign the affidavit in the presence of a notary public, who will then notarize the document.

Common Uses of the DR-123 Form

The DR-123 form is frequently used in various situations, including:

• Vehicle Titles: Correcting misspelled names, incorrect vehicle identification numbers (VINs), or wrong dates on titles.
• Property Deeds: Amending clerical errors in property deeds to reflect accurate ownership details.
• Vital Records: Making corrections to birth or marriage certificates, often requiring additional documentation.

Legal Use of the DR-123 Form

The legal use of the DR-123 form is essential for ensuring that official records accurately reflect the true information. When submitting this affidavit, it is crucial to follow all legal guidelines to avoid potential disputes or complications. The affidavit must be used only for honest mistakes and should not be employed to alter significant details that could imply fraudulent intent.

Key Elements of the DR-123 Form

Several key elements must be included in the DR-123 form for it to be valid:

• Affiant Information: Name and contact details of the person making the correction.
• Description of the Error: A detailed account of the mistake being corrected.
• Correct Information: The accurate data that replaces the erroneous entry.
• Signature and Notary Seal: The affiant's signature and the notary's seal are required for authenticity.

Examples of Using the DR-123 Form

Consider the following scenarios where the DR-123 form would be applicable:

• Misspelled Name: If a vehicle title lists the owner's name as "Jonh Doe" instead of "John Doe," an Affidavit of Correction can be filed to rectify this error.
• Incorrect VIN: If the VIN on a title is recorded incorrectly, the DR-123 form can be used to provide the correct VIN and ensure proper registration.
• Wrong Date of Birth: If a birth certificate displays an incorrect date, the affidavit can be submitted to amend this detail officially.