We have been using affidavits for some time in our life and never actually understood the power of the affidavit. There are times we are asked to sign an affidavit as a witness to an accident. The documents that we filled out and signed will be used in court.
Affidavits are powerful documents and when we write or sign an affidavit it must contain only the facts, no opinions, and must be written by us so that we know what is inside the document. There are times that a lawyer will interview a person and ask questions. They will create an affidavit based on your answers. Before ever signing an affidavit that a lawyer or another person has written it is your responsibility to read this document.
People are starting to learn about the affidavit process and have many questions concerning this process. We have put together a list of the question we are asked all the time about affidavits, what are they, how are they used, and if we use one can a person come after us.
An affidavit is a sworn statement put in writing. When you use an affidavit, you’re claiming that the information within the document is true and correct to the best of your knowledge.
Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
There is no age limit for creating and using affidavits, but you must be of sound mind and understand what you’re signing.
If you knowingly sign an affidavit that contains false information you could risk losing your case, as well as face a potential charge of perjury.
In our case it is necessary to use an affidavit to file a claim against the insurance company or bond holder. The affidavit states the facts and supplies the evidence needed to file a claim.
Yes, the person can dispute the facts in your affidavit. However, in order for them to dispute the facts they must supply you with their own affidavit that is signed by a notary and the evidence to dispute the facts.
A person can dispute one or two item in the affidavit by providing you with an affidavit of true facts and evidence. Only the item that have the evidence supplied will need to be removed from the affidavit. The rest of the items in the affidavit are still valid.
In order to have your claim paid you must supply the person with 3 bills. After the chance to dispute your affidavit has expired the person has accepted your claim. Now you must bill the person for damages in order to be paid.
Yes, this will depend on your state and the laws of the state. You will need to check with the courts in your area to find out how to file your claim.
When you use an affidavit, you’re essentially writing a statement of facts to present to the court.
Once you have everything prepared and you’re ready to sign the documents, you must do it in front of witnesses while also having it notarized at the same time.
Yes, it is necessary that we use a bonded notary when signing our affidavits.
A bonded notary will register your affidavit in their books. This is important if we need to file a claim against the person we served with the affidavit.
Yes, the affidavit is the only way to file a claim against a government elected or appointed official for breaking the law. The affidavit we are filing is a tort claim against the elected or appointed official.
If the person disputes your affidavit they must supply you with all the information and evidence necessary to dispute your claim. If they dispute just one item in the affidavit you will need to modify your affidavit.
The affidavit process is a three step process. If you do not hear back after filing the first affidavit the person is accepting your claim. You will need to follow through with the other two affidavits to complete the process. You must give the person three chances to dispute your affidavit.
If the person has accepted the affidavit and refuses to pay the bill you sent, you will need to file a claim in court to receive your money.
Normally you will need to file a claim in the court for a the Judge to review the claim. The Judge will then order a judgement on the claim. Depending on the judgement is how you will proceed.