Florida HSMV Form 82498: Dispute Wrecker Operator Lien – Florida drivers, vehicle owners, and previous owners sometimes discover that a wrecker operator’s lien has been filed against them under Florida law. This can prevent the issuance of a license plate or revalidation sticker. The official tool to challenge certain of these liens is Florida HSMV Form 82498, titled “Notification of Dispute on a Wrecker Operator’s Lien for a Motor Vehicle, Mobile Home or Vessel.”
This comprehensive guide explains what the form is, who can use it, the legal basis, required supporting documents, and how to complete and submit it. All information is based on the official form issued by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and Florida Statute § 713.78.
What Is Florida HSMV Form 82498?
HSMV Form 82498 is the official notification form provided by the Florida Department of Highway Safety and Motor Vehicles, Division of Motorist Services. It allows a person whose name appears in FLHSMV records as the registered owner at the time of towing to formally dispute a wrecker operator’s lien.
The form is specifically designed for situations in which a vehicle, mobile home, or vessel was towed in compliance with Florida Statute § 713.78 (Liens for recovering, towing, or storing vehicles and vessels), and a certificate of destruction has been issued under subsection (11) of that statute. Successful use of the form can result in the immediate removal of the disputant’s name from the list of persons who may not be issued a license plate or revalidation sticker under § 320.03(8), Florida Statutes.
The current version of the form is HSMV 82498 (07/11). You can download the official PDF directly from the FLHSMV website:
Download Official Florida HSMV Form 82498 (PDF)
Legal Authority: Florida Statute § 713.78
Under Florida Statute § 713.78(c)1, a registered owner may dispute a wrecker operator’s lien by notifying the department in writing on forms provided by the department if at least one of the following applies:
- The registered owner presents a notarized bill of sale proving that the vehicle or vessel was sold in a private or casual sale before it was recovered, towed, or stored.
- The registered owner presents proof that the Florida certificate of title was transferred to a licensed dealer (as defined in § 319.001) before the vehicle or vessel was recovered, towed, or stored.
- The records of the department were marked “sold” prior to the date of the tow.
If the dispute meets one of these criteria, FLHSMV must immediately remove the owner’s name from the restricted list. If the vehicle or vessel is jointly owned, each registered owner must file a separate dispute.
The department will deny the dispute if the wrecker operator has already provided a certified copy of a court judgment ordering the registered owner to pay the lien.
An alternative remedy is available: a person may file a complaint in the county court of the county where the vehicle or vessel was ordered removed to challenge the validity or amount of the lien.
Who Should File Form 82498?
You should consider filing HSMV Form 82498 if:
- Your name appears in FLHSMV records as the registered owner of a motor vehicle, mobile home, or vessel at the time it was towed.
- A wrecker operator’s lien has been filed, resulting in a hold that prevents you from obtaining a license plate or revalidation sticker for any motor vehicle.
- You can demonstrate that you were not the owner at the time of the tow through one of the qualifying proofs listed on the form.
The form is particularly relevant when a certificate of destruction has been issued under § 713.78(11).
Information Required on HSMV Form 82498
The form is relatively straightforward. You will need to provide:
- Type of property: Motor Vehicle, Mobile Home, or Vessel (check the appropriate box).
- Title Number
- Identification Number (VIN, HIN, or equivalent)
- Year
- Make/Manufacturer
- Color
- Type
You must then select the basis for the dispute:
- A notarized/perjury-clause bill of sale showing a private or casual sale occurred before the recovery, towing, or storage.
- Proof that the Florida Certificate of Title was transferred to a licensed dealer before the recovery, towing, or storage.
- Other (with a written explanation).
Print the name of the registered owner against whom the lien was previously filed, then sign the declaration under penalties of perjury. Joint owners must each complete and sign their own form.
How to Complete and Submit Form 82498?
- Download the official form from the FLHSMV website: https://www.flhsmv.gov/pdf/forms/82498.pdf.
- Fill in all vehicle/mobile home/vessel identification fields accurately.
- Select the applicable dispute reason and attach supporting documentation (notarized bill of sale, title transfer proof, or other evidence).
- Print and sign the form. Each joint owner must submit a separate form.
- Mail the completed form and supporting documents to the address listed on the form:
Florida Department of Highway Safety and Motor Vehicles
Division of Motorist Services
2900 Apalachee Parkway
Neil Kirkman Building
Tallahassee, Florida 32399
There is no filing fee associated with Form 82498 according to publicly available information from FLHSMV and related sources. Always retain copies of everything you submit for your records.
What Happens After You File?
If your dispute meets the statutory criteria, FLHSMV will immediately remove your name from the list of persons ineligible for license plates or revalidation stickers under § 320.03(8). This action is ministerial and allows you to obtain registration documents.
If the wrecker operator has already obtained a court judgment ordering payment, the department will deny the dispute and keep the hold in place. In that case, or if your situation does not fit the form’s criteria, you may need to pursue relief through the county court process described in § 713.78.
Important Tips for Florida Residents
- Act promptly once you become aware of the lien hold. Delays can complicate registration renewals and other transactions.
- Ensure supporting documents are clear, complete, and properly notarized where required.
- If the vehicle or vessel was jointly titled, coordinate with all co-owners so each files a separate Form 82498.
- For general questions about motor vehicle titles, liens, or registration, contact FLHSMV or visit a local tax collector or license plate agency.
- This form addresses a specific statutory dispute process. It does not resolve disputes over the amount of towing or storage fees themselves; those issues are typically handled in county court.
Official Resources and Downloads
- Official Form Download: Florida HSMV Form 82498 (PDF)
- Florida Statute § 713.78: Full Text of the Statute
- Florida Department of Highway Safety and Motor Vehicles: www.flhsmv.gov
By using the official HSMV Form 82498 and providing qualifying documentation, eligible individuals can efficiently resolve certain wrecker operator’s lien holds and regain the ability to register vehicles in Florida. Always refer to the most current version of the form and statute, and consider consulting a qualified attorney if your situation involves complex ownership history or a court judgment.