What is an Affidavit?

 What is an Affidavit?

In a nutshell, an affidavit is a sworn statement that is in writing. Affidavits are usually used in a court or in negotiations. They are common in family law cases and bankruptcy cases. They are also used in civil and criminal cases, though not as often as family or bankruptcy law cases. They must be notarized and you must swear that the facts contained in an affidavit are true and correct. When you notarize an affidavit, you must also sign it in front of witnesses. Generally, banks will notarize affidavits and other documents for you and will provide witnesses.

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How to prepare an Affidavit?

An affidavit is a document written statement filed by an affiant/deponent as evidence in court. In order to be admissible, affidavits must be notarized by a notary public. The notary public is there to ensure the validity of the signature and guarantee that the signature was applied voluntarily and without coercion. Once the affiant acknowledges signing the document for its intended purpose and signs the affidavit, the document is notarized and becomes a sworn affidavit.

While the terms “deponent” and “affidavit” are most often used in a courtroom setting, there are other times where you might hear these terms. Depending on your state of residence, an affidavit may be required for certain transactions. An affidavit is the written version of swearing under oath, to tell the truth, just as if you were testifying in a courtroom. The document is signed both by the person making the statement, called a deponent and by a person who is legally authorized to administer an oath, such as a notary public or certain court and government officers.

Signing an affidavit that contains false information can subject the deponent to criminal penalties. Therefore, before signing, it is very important to read the document carefully to ensure that the information is accurate and truthful. If the affidavit includes any statements that are the opinion or belief of the deponent, the fact that it is opinion or belief needs to be clearly stated.

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What are the uses of an Affidavit?

Affidavits can be useful in many situations. Many government forms include affidavits, such as driver's license applications, vehicle registrations, voter registrations, and concealed weapon permits.

Some of the more common types of affidavits are:

Court affidavits: Although a court trial usually involves witnesses appearing in court to give oral testimony, there may be situations in a legal proceeding where affidavits are used, such as in support of written motions or when a witness is not available to appear in court.

Self-proving will affidavit: This is when the signature of a person making a will is notarized. Generally, a will requires at least two witnesses to the maker's signature. Traditionally, when the maker died, it was necessary to have the witnesses testify in court in order to make the will valid. With a self-proving will affidavit, the will is automatically deemed valid without the testimony of the witnesses.

Affidavit of power of attorney: A power of attorney (POA) is a legal document signed by one person, known as the principal that gives another person, the agent, the authority to act on the principal's behalf. However, this authority ends if the principal dies or revokes the power of attorney. Before a third party acts in reliance on a POA, the agent may be required to sign an affidavit stating that the power of attorney is currently in effect and that the principal has not died or revoked the POA.

Financial affidavit: This type of affidavit verifies certain financial information relating to the affiant. Financial affidavits are common in divorce cases, where each party must verify their assets, debts, income, and expenses. Financial affidavits are also commonly used in connection with estate planning and various financial transactions such as loan applications.

Affidavit of lost document: If a vital legal document is lost or destroyed, it can often be re-established with an affidavit. For example, if you are owed money under a promissory note that has been lost or destroyed, it may be possible to re-establish the note by executing an affidavit of lost promissory note and indemnity agreement. This allows another party to rely on your assurance that the note existed and that you will reimburse the other party in the event of any economic loss due to your assurance.

Affidavit of identity theft: If you have been the victim of identity theft, you may need to provide an affidavit certifying the theft to creditors, banks, and credit bureaus.

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How can a lawyer help you in making an Affidavit?

Making an affidavit and getting the affidavit official to validate it is a complex and tedious task in itself, and it is beyond the scope of expertise of a common man. This is the reason that it is often necessary to have a lawyer on your side who can help you understand the technicalities involved and help you get the affidavit properly prepared and approved.