Florida HSMV Form 84026 Assignment of Claim/Suit Guide

Florida HSMV Form 84026 Assignment of Claim/Suit Guide – The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) issues Form HSMV 84026, titled Assignment of Claim/Suit. This official document allows individuals to assign their legal claim or lawsuit to the State of Florida’s Mobile Home and Recreational Vehicle Protection Trust Fund. The form is specifically required under Florida Statutes section 320.781 when seeking recovery related to mobile home or recreational vehicle dealer issues, particularly in bankruptcy proceedings.

This article explains the purpose of Form 84026, when it is needed, how to complete it, and where to obtain the current version. All information is based on official FLHSMV resources and the Florida Statutes.

What Is Florida HSMV Form 84026?

Form HSMV 84026 is a legal assignment document. By completing and signing it, the claimant (assignor) transfers all rights to a specific claim or lawsuit to the Mobile Home and Recreational Vehicle Protection Trust Fund administered by the Florida Department of Highway Safety and Motor Vehicles.

The form language states that the assignment is made “for value received as required by section 320.781(7), Florida Statutes.” The assignee is the Trust Fund located at 2900 Apalachee Parkway, MS-60, Tallahassee, Florida 32399-0600.

Key characteristics of the assignment include:

It is made without recourse — the assignor does not guarantee recovery of the claim.
The assignor agrees not to release or discharge the claim and to forward any payments received to the Trust Fund.
The assignor appoints the assignee as attorney-in-fact to pursue recovery of the claim at the assignee’s expense.

The form was last revised in September 2013 and remains the current official version available from FLHSMV.

When Is Form 84026 Required?

Form 84026 is used in connection with claims against the Mobile Home and Recreational Vehicle Protection Trust Fund created by Florida Statute 320.781. The Trust Fund compensates consumers who have unsatisfied judgments or certain unsatisfied claims against licensed mobile home or recreational vehicle dealers or brokers for damages related to sales, exchanges, or improvements of mobile homes or recreational vehicles, or for violations of Chapters 319 or 320, Florida Statutes.

The form is particularly relevant when a dealer or broker has filed for bankruptcy. In such cases, a claimant may be prohibited from filing a regular lawsuit and must instead file a claim in the bankruptcy proceeding. To recover from the Trust Fund under these circumstances, the claimant must assign the bankruptcy claim to the Trust Fund using Form 84026.

Related forms include:

HSMV 84019 – Application and Claim to Recover Compensation from the Mobile Home and Recreational Vehicle Trust Fund

Form 84026 is typically submitted together with or in support of an application under Form 84019 when a bankruptcy claim is involved.

How to Complete Florida HSMV Form 84026?

The form is relatively short and straightforward. It requires the following information:

Assignor identification – Full name and address of the person assigning the claim (must be a Florida resident or otherwise qualifying claimant).
Date of the suit or claim – The date the lawsuit or claim was initiated.
Defendant information – Name of the party against whom the claim was filed (typically the mobile home or RV dealer or broker).
Case caption – The official title of the case (for example, “Smith v. ABC Mobile Homes, Inc.”).
Court information – Identification of the Federal Bankruptcy Court and the specific District of Florida in which the case is pending.
Claim amount – The dollar amount of the claim being assigned.
Attachment – A copy of the original claim must be attached to the assignment.
Date and signature – The form must be signed by the assignor.
Notarization – The signature must be sworn to or affirmed before a Notary Public of the State of Florida. The notary section includes spaces for commission expiration, whether the signer is personally known or produced identification, and the type of identification.

All information should be typed or legibly printed. Incomplete or incorrect forms may delay processing of a related Trust Fund claim.

Download the Official Form

The current official version of Form HSMV 84026 is available directly from the Florida Department of Highway Safety and Motor Vehicles:

Download Florida HSMV Form 84026 – Assignment of Claim/Suit (PDF)

Always download forms from the official FLHSMV website to ensure you are using the most recent version. The form appears on the official FLHSMV Forms page under the 84000 series.

Legal Background: Florida Statute 320.781

Florida Statute 320.781 establishes the Mobile Home and Recreational Vehicle Protection Trust Fund. Key provisions relevant to Form 84026 include:

The fund is administered by the Florida Department of Highway Safety and Motor Vehicles.
It is funded by a $1 fee on certain new mobile home and recreational vehicle title transactions and by annual dealer and manufacturer license fees.
The fund may satisfy unsatisfied judgments or, in limited circumstances, unsatisfied claims against dealers or brokers for actual damages, restitution, and reasonable attorney’s fees arising from written contracts or statutory violations.
The maximum recovery per claim is limited (historically referenced at $25,000 in related application materials; always verify current statutory limits).
Subsection (7) addresses the assignment process used when a bankruptcy proceeding prevents a traditional judgment.

For the complete and current text of the statute, consult the official Florida Legislature website or a licensed Florida attorney.

Submission and Processing

Completed Form 84026, along with supporting documentation and any related Form 84019 application, should be submitted to the Claims Administrator at the Division of Motorist Services, Florida Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Tallahassee, Florida 32399 (specific mail stop may vary; confirm current address on the related claim form).

The department generally issues a determination within 90 days of receiving a complete application and verified claim. Decisions are reviewable by writ of certiorari in the circuit court of the claimant’s county of residence.

Important Tips for Claimants

Attach a complete copy of the underlying claim or bankruptcy proof of claim.
Ensure the notary section is properly completed; an incomplete notarization will invalidate the form.
Retain copies of everything submitted for your records.
Consider consulting a Florida-licensed attorney experienced in consumer protection, bankruptcy, or mobile home/RV dealer issues before assigning a claim.
Confirm current eligibility requirements and maximum recovery amounts, as statutes and administrative practices can be updated.

Related Official Resources

Form HSMV 84026 serves an important consumer-protection purpose by enabling the Trust Fund to step into the shoes of a claimant in bankruptcy cases involving mobile home or recreational vehicle dealers. Using the official form and following the statutory requirements carefully helps ensure a claim can be properly evaluated by the Florida Department of Highway Safety and Motor Vehicles.