What is an Affidavit and How To Write One? – Affidavit Guide

An affidavit is a piece of legal document that contains your sworn statements. Most people have heard the term “Affidavit” in a court hearing or negotiations and most of them don’t know what it is used for. They are mostly used in bankruptcy cases or family affairs cases. Like any other piece of legal document, the affidavits should always be notarized before submitting them to the court. By notarizing, you agree and swear that all the facts present in that piece of the document are completely correct and in case of any false information present on an affidavit, you shall be held responsible for that and can face legal charges.

If you are here for an affidavit sample then I’m sorry but this post doesn’t contain it.

Who Is Able To Submit An Affidavit?

Any person can submit an affidavit but they have to be mentally stable and sane in order to know the value of an oath. The writings present inside of an affidavit are purely the person’s views. So, if you forgot to include any information in it then you shall not be held responsible for it as you were unaware of that particular information.

It is not necessary to only include facts in an affidavit, you can also express your personal views about the situation in some scenarios. If an individual who is mentally ill, can have their guardian or closest relative write an affidavit on behalf of them.

Below are given some scenarios in which an affidavit can be used:

  • Property Conflict
  • Divorce Proceeding or Lawsuit
  • Bankruptcy

You should always bring your affidavit to the court because it is a necessary piece of a document in a dispute like the ones written above. You will only need to show them once the court asks you to do so.

How To Write an Affidavit

Before writing an affidavit, it is important that one should familiarize himself/herself with different parts of an affidavit. Like with any document you are preparing, an affidavit also begins with a heading at the top. The heading may contain the name of the case or you can just write it down as “Affidavit of “. Replace the “” section with your own name and make sure to write your complete legal name. Other things to include in the headings are; court name, case number, plaintiff’s names and defendant’s names.

After writing the heading, write down the name of the county and state where you are going to put your signature on the affidavit.

Now, let’s get to the good part, writing the first section of an affidavit. In the first section, begin by writing the following the line “Before me comes , whose residence is , and hereby swears to the following facts under penalty or perjury.” If someone else wrote an affidavit for you then you will find some different words but don’t worry because they all are basically stating that you and the affiant take oath that all the information present in that document is correct.

After that, you should begin writing each fact on each line and once you are done with all of them then you write down the following words: “Further Affiant Sayeth Naught”. That sentence is basically trying to say that you have entered all the information you had on that particular matter.

Lastly, comes the signature section. In this section, you are taking full responsibility of all the facts present in that affidavit and then the notary signatures the notary section.

An affidavit isn’t a type of document that contains a bunch of paragraphs here and there but they are all numbered and are only written one on a single line. So, below you can see some of the tips that shall help you write an effective affidavit:

  • Avoid using heavy legal terms and keep the tone of language less legal.
  • Be concise
  • Make sure to number all your thoughts.
  • Write plain facts and avoid using dramatic sentences or language.
  • Proofread to find any mistakes before submitting the affidavit.

By following the above given tips, you will be able to write an amazing affidavit that can make you look like a professional and represent your credibility.

So, that was our article on affidavits and how to write an affidavit. If you have any questions related to this post then please don’t hesitate to drop them in the comments area.