How to File an Affidavit of Loss for Your Driver's License

What an Affidavit of Loss Is and When You Need One

An affidavit of loss is a sworn statement you file with your state's DMV when your driver's license has been lost or stolen and you cannot locate it. It is not the same as a replacement license process — it is a legal document that tells the DMV your original license is gone and creates an official record of that loss. You file it before or at the same time you request a replacement license.

You need an affidavit of loss if your license was lost, stolen, or destroyed and you do not have it in your possession. If you straightforward misplaced it and later find it, you do not need one. If your license was damaged but still readable, most states let you exchange it without an affidavit. The affidavit protects you by documenting that you reported the loss to the state — this matters if someone finds your old license and tries to use it, or if you need proof later that you took action.

The process and forms vary by state. Some states require the affidavit as a separate document filed before you get a replacement; others combine it with the replacement process. A few states do not use affidavits at all and straightforward process a replacement with a statement on the process form. You will need to check your state's specific DMV website or call your local office to confirm what form and process explore where you live.

Key Takeaways

An affidavit of loss is a sworn legal statement filed with the DMV to document that your driver's license was lost or stolen.
The form, filing method, and fees differ by state — some require a separate affidavit, others combine it with the replacement process.
You will need to sign the affidavit in front of a notary public or DMV officer in most states, and bring proof of identity and residence.
Filing an affidavit creates an official record that protects you if someone tries to use your old license after you report it lost.
Processing time for a replacement license after filing an affidavit typically ranges from one to three weeks, depending on your state.

How to Locate Your State's Affidavit of Loss Form

Your state's DMV website is the first place to look. Search for "affidavit of loss" or "lost driver's license" on the site, or look under the section for license replacement or renewal. Most states post the form as a PDF you can read and print, or as a form you fill out online before submitting.

If you cannot find the form online, call your state DMV's customer service line or visit a local DMV office in person. The staff can tell you whether your state requires a separate affidavit or if the loss statement is part of the replacement process. Some states, including California and Texas, do not use a separate affidavit form — instead, you sign a statement on the replacement process itself. Others, like New York and Florida, require a formal affidavit document notarized before you submit it.

Write down the exact form name and number (if your state assigns one) before you go to the DMV or notary. This prevents confusion and ensures you bring the right document. If your state posts the form online, print two copies — one to fill out as a draft and one as your final version.

Documents and Information You Will Need

Before you file, gather the following items. You will need proof of your identity, proof of your current address, and the affidavit form itself. Acceptable identity documents usually include a passport, birth certificate, state ID card, or military ID. Proof of address can be a utility bill, lease, mortgage statement, or bank statement dated within the last 60 days. Check your state's DMV website for the exact list of acceptable documents, as requirements vary.

You will also need to know the details of your lost or stolen license: the license number (if you remember it), the date it was issued, and the expiration date. If your license was stolen, you may want to have a police report number handy, though most states do not require it. If you do not know your license number, the DMV can look it up using your name, date of birth, and address.

Most states require you to sign the affidavit in front of a notary public or a DMV officer. If a notary is required, you will need to visit a notary before going to the DMV, or some DMV offices have a notary on staff. Bring your ID and proof of address to the notary appointment as well.

Step-by-Step Process for Filing the Affidavit

Step 1: Complete the form. Fill out the affidavit of loss form with your full legal name, date of birth, driver's license number (if known), and the date and circumstances of the loss. Write clearly in black or blue ink, or type the form if your state allows it. Do not sign the form yet — you must sign it in front of a notary or DMV officer.

Step 2: Get the form notarized (if required). Check whether your state requires notarization. If it does, take the unsigned affidavit, your ID, and proof of address to a notary public. The notary will watch you sign the form and will add their seal and signature. Notary fees typically range from $5 to $15 per signature. If your state does not require notarization, skip this step.

Step 3: Visit the DMV or submit by mail. Bring the completed and notarized affidavit (or the unsigned form if notarization is not required), your proof of identity, proof of address, and the replacement license process form to your local DMV office. Some states allow you to mail these documents instead. Check your state's website to see if mail-in filing is an option and what address to use.

Step 4: Pay the replacement fee. Replacement license fees vary by state, typically ranging from $15 to $50. Pay by cash, check, or card, depending on what your DMV accepts. Ask for a receipt that shows the date you filed and a reference number for your process.

Step 5: Receive your temporary or replacement license. If you file in person, some states issue a temporary paper license on the spot that is valid for 30 to 60 days while your permanent replacement is printed. Others mail the replacement license to your address on file. Ask the DMV staff how long processing will take and whether you will receive a temporary document.

Common Mistakes to Avoid

Do not sign the affidavit before you reach the notary or DMV officer. An unsigned affidavit cannot be notarized, and a notarized signature that was not witnessed is invalid. If you sign it early by mistake, you will need a new form.

Do not file an affidavit of loss if you still have your license in hand, even if it is damaged. If the license is readable, most states will let you exchange it for a replacement without an affidavit. Filing an affidavit for a license you possess can create confusion in the DMV system and delay your replacement.

Do not assume your state uses an affidavit form. Some states process lost licenses through the standard replacement process with no separate affidavit. Calling ahead or checking the website saves you a wasted trip to the DMV or notary.

Do not forget to bring proof of address. Many people bring their ID but forget the utility bill or bank statement. Without proof of current address, the DMV cannot process your replacement, and you will have to return another day.

Timeline and What to Expect After Filing

Processing time for a replacement license after you file an affidavit of loss typically takes one to three weeks, depending on your state and whether you filed in person or by mail. In-person filings are usually faster. Some states offer expedited processing for an additional fee (usually $10 to $25), which can reduce the timeline to five to seven business days.

If you received a temporary paper license at the DMV, that document is valid for driving until your permanent replacement arrives. Keep it with you at all times. If you did not receive a temporary license, check your state's rules on whether you can legally drive while waiting for your replacement. Some states allow you to drive on your old license number for a set period after you report it lost; others do not.

You will receive your replacement license by mail at the address you provided on your process. If you do not receive it within the expected timeframe, contact the DMV with your reference number. If your old license is later found, you do not need to do anything — the DMV record shows it was reported lost, and the new license is the valid one.

State-Specific Variations You Should Know

California does not use a separate affidavit of loss form. Instead, you complete the DL 44 or DL 43 process form and check a box indicating your license was lost. You do not need a notary. Processing takes about two weeks for a mailed replacement.

New York requires a separate Affidavit of Loss (Form MV-44) that must be notarized. You can file it in person at a DMV office or by mail. The state also allows you to report the loss online through its website, which generates a reference number you can use when you explore for the replacement in person or by mail.

Texas does not require an affidavit of loss. You straightforward explore for a replacement license using the standard process form and pay the replacement fee. The DMV processes it as a lost license based on your statement on the form.

Florida requires an Affidavit of Lost or Stolen Driver License (Form HSMV 14-010) that must be notarized. You file it at a DMV office or by mail. The state charges a replacement fee plus a small processing fee for the affidavit.

Before you file, confirm your state's specific form, notarization requirement, and fees on the state DMV website or by phone. This prevents delays and ensures you bring everything you need on your first visit.

Frequently Asked Questions

Do I need an affidavit of loss if my license was stolen?

Yes, if your state requires an affidavit of loss form, you need one whether the license was lost or stolen. Some states do not require an affidavit at all — they process stolen licenses the same way as lost ones, through the replacement process. Check your state's DMV website to confirm whether an affidavit is required.

Can I file the affidavit online?

A few states, including New York, allow you to report a lost license online and receive a reference number. However, most states still require you to submit the notarized affidavit form in person or by mail. Check your state's DMV website to see if online filing is available.

What if I cannot afford a notary?

Some DMV offices have a notary on staff who will notarize your affidavit for free or for a small fee as part of the replacement process. Call your local DMV office to ask. If your state does not require notarization, you do not need to pay for one.

Can I drive while waiting for my replacement license after filing an affidavit?

If you received a temporary paper license at the DMV, you can drive on that. If you did not, check your state's rules — some allow you to drive on your old license number for a set period after reporting it lost, while others do not. Ask the DMV staff when you file.

What happens if someone finds my lost license and tries to use it?

The affidavit of loss creates an official record that your license was reported missing. If someone tries to use it, the license will show as invalid in the DMV system. You are protected because you documented the loss with the state.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.