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Content Overview

The Texas Possession form is an essential document designed to facilitate the lawful transfer of vehicle possession among family members. This form is particularly relevant in situations where an immediate family member needs to take possession of a vehicle owned by another family member. It requires the affiant to provide their relationship to the vehicle owner, ensuring that only those with legitimate claims can execute the affidavit. The form also mandates the inclusion of specific details, such as the vehicle's year, make, model, and registration information, to clearly identify the vehicle in question. Additionally, the affiant must affirm that they have the owner's permission to take possession of the vehicle, which underscores the importance of consent in this process. Notably, the form cannot be used for repossession purposes and must be completed accurately; any blank lines will render it void. The form must be notarized to validate the statements made, ensuring that all parties involved are protected under Texas law.

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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.
COMPLIANCE DIVISION/Tow Truck/Vehicle Storage Program P.O. Box 12157 Austin TX 78711
Email:
[email protected] 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: ________________
TEXAS DEPARTMENT OF LICENSING AND
R
EGULATION

Form Specifications

Fact Name Description
Governing Law This form is governed by Texas law, specifically under the Texas Occupations Code.
Purpose The Affidavit of Right of Possession is used to establish authority to take possession of a vehicle.
Eligibility Only immediate family members of the vehicle owner can execute this affidavit.
Notary Requirement The affidavit must be notarized to be considered valid.
Blank Lines Leaving any blank lines in the form will render it void and invalid.
Owner Information The form requires detailed information about the vehicle owner, including their relationship to the affiant.
Vehicle Details Specific details about the vehicle, such as year, make, model, and license plate or VIN number, must be included.
Affiant's Signature The affiant must sign the form, affirming their authority to take possession of the vehicle.
Submission This form should be submitted to the appropriate towing or vehicle storage authority in Texas.
Contact Information The Texas Department of Licensing and Regulation provides contact details for any inquiries related to the form.

Texas Possession: Usage Guidelines

Completing the Texas Possession form requires careful attention to detail. Once filled out, this document will need to be submitted as part of the process for taking possession of a vehicle. Ensure that all information is accurate and complete to avoid any complications.

  1. Begin by entering the county name where the affidavit is being executed in the designated space.
  2. In the next blank, write the full name of the person appearing before the notary public.
  3. Provide the driver's license number of the affiant in the specified area.
  4. Indicate the state that issued the driver's license.
  5. Next, state the full name of the vehicle owner related to the affiant.
  6. Fill in the year, make, and model of the vehicle in the appropriate section.
  7. Enter either the license plate number or the VIN number of the vehicle.
  8. Specify the state where the vehicle is registered.
  9. Identify the nature of the relationship between the affiant and the vehicle owner.
  10. The affiant must sign their name in the space provided.
  11. Record the date of signing in the designated area.
  12. Leave the notary public section blank for completion by the notary.
  13. Ensure all blank lines are filled to avoid rendering the form void and invalid.

Your Questions, Answered

What is the Texas Possession form?

The Texas Possession form is a legal document used to establish the right to take possession of a vehicle. It is specifically designed for immediate family members of the vehicle owner. This form helps clarify ownership and ensures that the person taking possession has the owner's permission.

Who can use the Texas Possession form?

Only immediate family members of the vehicle owner can use this form. This includes parents, siblings, spouses, and children. It’s important that the person filling out the form has the owner's permission to take possession of the vehicle.

What information do I need to fill out the form?

You will need to provide several key details. This includes the name of the vehicle owner, the relationship to the owner, and specific information about the vehicle, such as its year, make, model, and either the license plate number or VIN. Additionally, you will need to include your own driver's license number and the state that issued it.

Is the Texas Possession form valid if it’s not notarized?

No, the form must be notarized to be valid. A notary public needs to witness the signing of the affidavit. This step adds a layer of authenticity and ensures that the information provided is accurate and legally binding.

What happens if I leave blank lines on the form?

Leaving blank lines on the Texas Possession form can render it void and invalid. It’s crucial to fill out all required fields completely to ensure the form is accepted and serves its intended purpose.

Can this form be used for repossession purposes?

No, this form cannot be used for repossession. It is specifically designed for immediate family members to take possession of a vehicle with the owner's consent. If you need to repossess a vehicle, you will need to follow different legal procedures.

Where can I find more information about the Texas Possession form?

For more information, you can visit the Texas Department of Licensing and Regulation website at www.license.state.tx.us. You can also reach out to them via email at [email protected] if you have specific questions or need further assistance.

Common mistakes

  1. Failing to provide complete information about the vehicle. It's essential to include the year, make, and model of the vehicle, as well as the license plate or VIN number. Missing this information can lead to confusion and delays.

  2. Not specifying the relationship to the vehicle owner. Clearly stating your nature of relationship to the owner is crucial. This helps establish your authority to possess the vehicle.

  3. Leaving blank lines on the form. Any unfilled spaces can render the form void and invalid. Ensure every section is filled out completely.

  4. Using an outdated version of the form. Always check for the most current version of the Texas Possession form to avoid any issues with compliance.

  5. Neglecting to have the form notarized. The affidavit must be signed in front of a notary public to be valid. Without this step, the document is not legally recognized.

  6. Not providing the correct county information. Make sure to fill in the county where the affidavit is being executed. This detail is necessary for legal documentation.

  7. Forgetting to include the date. The date of signing is important for record-keeping and can affect the validity of the document.

Documents used along the form

The Texas Possession form is often accompanied by several other important documents that assist in the process of vehicle possession and ownership verification. Each of these forms serves a specific purpose, ensuring that all necessary information is accurately recorded and legally recognized. Below is a list of commonly used forms alongside the Texas Possession form.

  • Affidavit of Right of Possession: This document is sworn by an individual claiming the right to possess a vehicle. It confirms their relationship to the vehicle owner and their authority to take possession of the vehicle.
  • Vehicle Release Form: This form is used to officially release a vehicle from storage or towing. It includes details about the vehicle and the owner, ensuring proper authorization for release.
  • Notice of Impoundment: This document notifies the vehicle owner that their vehicle has been impounded. It provides essential information about the impoundment location and the reasons for the action.
  • Proof of Ownership: This document can include a title or registration that verifies the vehicle owner's identity. It is crucial for establishing legal ownership during possession disputes.
  • Power of Attorney: This form allows one person to act on behalf of another in legal matters, including vehicle possession. It is important for individuals who cannot be present to manage their vehicle-related affairs.
  • Release of Liability: This document protects the vehicle owner from any future claims related to the vehicle after it has been released. It is essential for ensuring that all parties understand their responsibilities.
  • Identification Documents: These may include driver's licenses or state IDs of the vehicle owner and the person claiming possession. They help confirm identities and relationships between parties.
  • Storage Facility Agreement: This document outlines the terms and conditions under which a vehicle is stored. It includes fees, duration, and responsibilities of both the storage facility and the vehicle owner.

Understanding these forms can facilitate a smoother process when dealing with vehicle possession issues. Each document plays a vital role in ensuring that all parties are protected and that the law is upheld throughout the process.

Similar forms

The Texas Possession form shares similarities with several other legal documents. Here are eight documents that have comparable purposes or functions:

  • Affidavit of Heirship: This document establishes the heirs of a deceased person and their rights to property, similar to how the Texas Possession form affirms a person's right to possess a vehicle.
  • Power of Attorney: A Power of Attorney grants someone the authority to act on another's behalf. Like the Texas Possession form, it requires a clear relationship between the parties involved.
  • Bill of Sale: A Bill of Sale transfers ownership of personal property. Both documents require identification of the item and the parties involved, ensuring proper authority is established.
  • Vehicle Title Transfer: This document officially transfers ownership of a vehicle from one party to another. It shares the need for verification of ownership, much like the Texas Possession form.
  • Release of Lien: A Release of Lien is used to remove a lien on a property. Both documents confirm authority and rights regarding ownership, although they pertain to different contexts.
  • Rental Agreement: A Rental Agreement outlines the terms of renting property. It also requires a clear understanding of possession rights, similar to the Texas Possession form.
  • Consent to Search: This document gives law enforcement permission to search a property. Like the Texas Possession form, it requires consent and authority from the rightful owner.
  • Affidavit of Support: This document is used in immigration cases to affirm financial support. It involves a relationship between parties and the assertion of rights, similar to the Texas Possession form.

Dos and Don'ts

When filling out the Texas Possession form, it is crucial to follow specific guidelines to ensure the document is valid and accepted. Below is a list of things you should and shouldn't do.

  • Do ensure that all required fields are filled out completely.
  • Do provide accurate information regarding the vehicle, including the year, make, model, and VIN number.
  • Do clearly state your relationship to the vehicle owner.
  • Do sign the form in the designated area to validate your claim.
  • Don't leave any blank lines; this can make the form void and invalid.
  • Don't attempt to fill out the form if you are not an immediate family member of the vehicle owner.
  • Don't forget to have the form notarized, as it must be sworn before a notary public.
  • Don't use incorrect or outdated information regarding the vehicle or the owner.

By adhering to these guidelines, you can help ensure that the Texas Possession form is completed correctly, reducing the risk of delays or issues with possession claims.

Misconceptions

Misconceptions about the Texas Possession form can lead to confusion and potential legal issues. Here are seven common misconceptions explained:

  • This form can be used for repossession. The Texas Possession form is not intended for repossession. It is designed solely for immediate family members to claim possession of a vehicle with the owner's permission.
  • Any person can fill out this form. Only immediate family members of the vehicle owner can execute this form. This includes parents, siblings, spouses, and children.
  • Leaving blank lines is acceptable. Any blank lines in the form will render it void. It is essential to complete all sections fully to ensure the document is valid.
  • The form does not require notarization. Notarization is a critical step. The affiant must sign the form in front of a notary public for it to be legally binding.
  • The vehicle owner does not need to be present. While the vehicle owner does not need to be physically present, their permission is required. The affiant must certify that they have the owner's authority to take possession.
  • Only the vehicle's title is necessary. In addition to the title, the form requires specific information such as the vehicle's year, make, model, and VIN or license plate number.
  • This form is valid in all states. The Texas Possession form is only valid within Texas. Different states have their own regulations and forms for vehicle possession.

Key takeaways

When filling out the Texas Possession form, it is essential to keep several key points in mind:

  • Eligibility: Only immediate family members of the vehicle owner can execute this form. Ensure that you meet this requirement before proceeding.
  • Complete Information: Fill in all required fields completely. Leaving blank lines will render the form void and invalid.
  • Affidavit Requirement: The form must be notarized. A notary public must witness your signature to validate the affidavit.
  • Permission from Owner: You must have the owner’s permission to take possession of the vehicle. This must be clearly stated in the affidavit.

Understanding these points will help ensure that the form is filled out correctly and used effectively.