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#1 2010-06-26 01:32:31
- pippa
- Member
Affidavit
Can someone please advise me regarding an affidavit. Recently I was sent an affidavit by post from my solicitor to sign. I had no idea that an affidavit was being prepared until I received it in the post. The affidavit is full of legal jargon which I only half understand. I was asked to sign it and return same as soon as possible. Is this normal practice for preparing affidavits? I was not present when it was being prepared. Any help would be appreciated.
Rgds
Pippa
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#2 2010-06-26 01:57:11
- Joe Ferris
- Member
Re: Affidavit
Dear Pippa,
An affidavit is a 'sworn testimony' as to the 'truth and facts'. The person signing an affidavit needs to be 100% sure that the contents are the 'complete truth and nothing but the truth'. That is why the VLPS standard, "You Can Never Improve On The Truth" is so very important to our credibility. Please see the affidavits in the case histories of VLPS members on www.crookedlawyers.com e.g. those of Elva & Daniel Gallagher. Hope this is of help to you. Regards Joe
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#3 2010-06-28 17:44:54
- Joe Ferris
- Member
Re: Affidavit
Affidavits: Questions & Answers
http://www.lawpack.co.uk/Knowledge/Busi … le1822.asp - date accessed Tuesday 29th June 2010.
What is an affidavit?
An affidavit is a written statement from someone which has been sworn to be true. Affidavits, along with witness statements, are documents which are used to prove a person's statement of evidence in court.
If someone knowingly makes a false affidavit, then they are in contempt of court.
When do I use an affidavit?
The common areas in law when you need to use an affidavit include divorce, property disputes and debt cases, but you could use an affidavit in any type of dispute. You will know that you have to make an affidavit because the court rules will say that you have to.
How do I complete an affidavit?
When you are filling in an affidavit, you should write down your account of the facts/the events as they actually happened. Use plain English and don't use legal jargon. Also, don't make personal comments about the other party.
If you are writing the form by hand, it's advisable to use capitals - to make sure that the judge can read your writing.
Does the affidavit need to be witnessed?
If you are making an affidavit, it usually must be signed in front of a solicitor, or a notary public, or other judicial officer, who has administered the oath.
If you are using a solicitor, they are entitled to charge a fee for swearing the affidavit, but if you swear the documents at court, there is no charge. However, County Courts cannot swear affidavits that are connected to cases brought in the High Court.
Where can I get an affidavit form?
You can download an Affidavit Form now from our site and it's ready to be used immediately. The form can be filled in straight away and it has space for your statement, your personal details, and for your witness's signature.
An Affidavit Form is also included in our book 301 Legal Forms, Letters and Agreements, which contains 301 legal forms for practically every home and business need.
Published on: June 9, 2008.
P.S. Pippa, this information may be of use to you. J.F.
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#4 2010-06-29 02:13:57
- pippa
- Member
Re: Affidavit
Thanks JF for your replies. They were very useful. I am now going to prepare my own affidavit. The case histories on crookedlawyers.com make for some very disturbing reading.
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