What an Affidavit of Loss Is and Why You Need One

An affidavit of loss is a sworn statement that you sign in front of a notary public declaring that your driver's license has been lost or stolen. It is not the same as a police report, though some states accept both. The affidavit serves as your official record that you reported the loss, which protects you from liability if someone uses your lost license to commit fraud or traffic violations.

You need an affidavit of loss when you cannot locate your physical license and want to replace it. Some states require it before they will issue a replacement; others make it optional but recommend it. A few states do not require an affidavit at all and will replace your license based on your word and identification alone. The requirement depends entirely on your state's DMV rules.

The affidavit also creates a paper trail. If your lost license is later used fraudulently, you have proof you reported it missing before that happened. This can protect your driving record and your insurance rates if someone gets pulled over using your old license number.

Key Takeaways

  • An affidavit of loss must be notarized and signed in front of a notary public; you cannot sign it alone and have it count.
  • You can get a notary at your bank, a UPS Store, a public library, or an online notary service, depending on what your state allows.
  • Some states require the affidavit before issuing a replacement license; others do not require it at all, so check your DMV website first.
  • The affidavit itself costs nothing, but the notary service typically charges $5 to $25, and your replacement license will have its own fee.
  • You will need to bring the affidavit to your DMV appointment or mail it with your replacement license request, depending on your state's process.

Where to Find a Notary Public

A notary public is a person authorized by your state to witness signatures and verify identity. You cannot notarize your own affidavit; the notary must watch you sign it and confirm your identity with a government-issued ID. Most notaries are available in your community without an appointment, though some require one.

Banks are the fastest option if you have an account there. Most banks offer notary services free to account holders and for a small fee (usually $5 to $10) to non-account holders. Call ahead to confirm your branch has a notary on staff and their hours, because not every location does.

UPS Stores (also called The UPS Store) have notaries at most locations. The cost is typically $10 to $15 per signature. You do not need an appointment at most stores, but calling first saves a trip if that particular location does not have a notary available that day.

Public libraries in many states offer free or low-cost notary services. Check your county or city library website to see which branches have notaries and whether you need to book in advance. Some libraries limit notary services to residents only.

Online notary services are available in most states and work through video call. You sign the document on screen while the notary watches, and they email you a notarized copy. These services typically cost $25 to $50 and take 24 to 48 hours. Check your state DMV website to confirm it accepts electronically notarized affidavits, because some states do not.

What to Bring to the Notary

Bring your government-issued photo ID — a passport, state ID, or expired driver's license all work. The notary will check your ID to confirm you are who you say you are. Bring the affidavit form itself, either blank or partially filled out. If your state DMV provides a specific affidavit form, use that one; if not, a generic affidavit of loss form from your notary or an online legal template will work.

Fill in the affidavit before you arrive if you can, leaving only the signature line blank. Include the date your license was lost or stolen, your license number if you know it, and a brief description of what happened. The notary will watch you sign it in their presence. Do not sign it beforehand; the notary must see you sign.

Bring cash or a card to pay the notary fee if you are not using a bank account holder service. Fees range from free (at some banks and libraries) to $25 (at online services). Ask the cost before you sit down.

State-by-State Requirements for Affidavits of Loss

Not every state requires an affidavit of loss to replace a driver's license. Some states ask for one; others do not. A few states have their own specific form you must use instead of a generic affidavit. The safest approach is to check your state DMV website under "Replace Lost License" or "Lost or Stolen License" before you spend time getting a notary.

States that typically require an affidavit of loss include California, Florida, New York, and Texas, though the exact requirement changes based on your license type and whether you are renewing at the same time. States like Colorado and Virginia do not require an affidavit but will accept one if you provide it. A few states, including some in the Midwest, do not require any affidavit and will replace your license based on your ID and a signed statement at the DMV counter.

If your state does not require an affidavit but you want one anyway for your own protection, you can still get one notarized and keep it in your records. It costs little and creates documentation that you reported the loss.

How to Submit Your Affidavit to the DMV

Once you have the notarized affidavit, you have two ways to submit it: in person at a DMV office or by mail with your replacement license request. In-person submission is faster and lets you explore for your replacement license at the same time. You will hand the affidavit to the DMV clerk, who will scan it into your file and process your replacement.

If you mail it, include the affidavit with your replacement license process form, a copy of your ID, and the replacement fee. Mail everything to the address listed on your state DMV website for lost or stolen licenses. Processing by mail typically takes two to four weeks, compared to same-day or next-day service if you go in person.

Some states allow you to submit the affidavit online through their DMV portal before you visit in person. Check whether your state offers this option; it can speed up your appointment. Bring a printed copy of the notarized affidavit to your appointment even if you uploaded it, in case the system did not process it correctly.

Common Mistakes to Avoid

Do not sign the affidavit before you meet the notary. The notary must watch you sign it; a pre-signed affidavit is not valid. If you sign it at home and then have it notarized, the notary will refuse to notarize it because they did not witness the signature.

Do not assume your state does not require an affidavit without checking. Many people skip this step thinking it is optional, then arrive at the DMV without it and have to reschedule. Spend five minutes on your state DMV website to confirm the requirement before you do anything else.

Do not use an affidavit form from another state. Each state's DMV may have specific language or fields it requires. If your state provides a form, use that one. If it does not, a generic affidavit of loss is fine, but avoid using a form designed for a different state's process.

Do not wait to get the affidavit notarized if you have already reported the loss to police. Some people think a police report replaces the need for an affidavit. It does not. Get both if your state requires the affidavit, because they serve different purposes.

Timeline and Fees

Getting a notarized affidavit takes one to two hours if you go to a bank or UPS Store same-day, or 24 to 48 hours if you use an online notary. The notary fee is $0 to $25 depending on where you go. Your replacement license fee is separate and varies by state, typically $20 to $50.

If you submit the affidavit in person at the DMV, your replacement license is usually ready the same day or within one business day. If you mail it, allow two to four weeks for processing. Some states offer expedited mail service for an extra fee ($15 to $30), which cuts processing time to five to seven business days.

Plan your timeline around when you need the license. If you need it for a trip or appointment, go in person with the affidavit rather than mailing it. If you have time, mailing is cheaper and you avoid a DMV visit.

Frequently Asked Questions

Can I notarize my own affidavit of loss?

No. A notary must be a third party who watches you sign the document and verifies your identity. You cannot notarize your own signature. If you are a notary public yourself, you still cannot notarize your own affidavit.

What if I do not have a government-issued ID to show the notary?

You need a photo ID to prove your identity to the notary. If your driver's license is lost and you have no other photo ID, get a state ID card or passport first. This usually takes one to two weeks. You cannot proceed with the affidavit without it.

Do I need to file a police report before getting an affidavit of loss?

No. An affidavit of loss and a police report are separate. Some states ask for a police report number on the affidavit form, but you do not have to file a police report to get the affidavit notarized. If your license was stolen (not just lost), filing a police report is a good idea for your own protection.

Will an electronically notarized affidavit work, or does it have to be on paper?

Most states now accept electronically notarized affidavits, but not all. Check your state DMV website before you use an online notary service. If your state does not accept electronic notarization, you will need to get the affidavit notarized in person.

What happens if I lose my license again after I get a replacement?

You will need another affidavit of loss for the second replacement. The process is the same: get it notarized and submit it to the DMV with your replacement request. There is no limit to how many times you can replace a lost license, though repeated losses may trigger a review by your state DMV.