Start My Answer
loading...

Affidavit — A Definition

Sarah Edwards | November 18, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: An affidavit is a legal document containing a sworn statement that certain facts related to a case are true. There are several types of affidavits, and this type of document is used in most types of litigation. Affidavits of debt are supposed to serve as proof or evidence in a debt collection case, but they can be misleading at times. SoloSuit can help you respond to a debt collection case and win in court.

Affidavits are a common type of document used for legal purposes. In a civil or criminal case, a lawyer may ask a plaintiff, defendant, or witness to sign an affidavit guaranteeing that the facts they gave are accurate and true. Affidavits are standard in family law and bankruptcy cases, though they may also appear in other types of cases.

What does an affidavit include?

All affidavits must contain specific elements to meet the legal system’s validity requirements.

An affidavit begins with a title to describe the document's purpose. The title will include the signing individual’s name and the court case number pertinent to the testimony, if there is one.

Affidavits include a statement of identity, which lists identifying information about the person making the statement. Identifying information typically includes details like their address, age, occupation, or specific details about them that relate to the case.

For instance, someone declaring bankruptcy may sign an affidavit including information about their debts, like the creditors they owe and the amount of each obligation.

All affidavits include an oath, where the person swears in writing that the information given is accurate to the best of their knowledge. If any of the statements they write are false, a law enforcement officer can charge the individual with perjury.

Finally, the person signing the affidavit must do so in front of a witness. If the affidavit references any documents, the documents must be signed by the witness or notary, too.

Some courts require affidavits to include additional information, depending on the jurisdiction and purpose of the document.

Can individuals prepare their own affidavits?

It depends. In general, people can prepare their own affidavits. However, if a person decides to prepare their own testimony, they must comply with the court’s instructions. Some courts require the person to compose an affidavit in its entirety before a witness.

Individuals who prepare an affidavit on their own must ensure they completely understand the information given and don’t make any errors. Mistakes can result in someone being unintentionally liable for something they didn’t mean to say.

Is it better to hire a lawyer to prepare an affidavit?

Yes, in most cases, it’s best to hire a lawyer when preparing an affidavit. A lawyer can help the individual fully understand the affidavit's contents before signing it.

Since an affidavit is essentially the equivalent of agreeing to an oath in court, the person should have a complete comprehension of the terms of the testimony and how it may impact them in legal proceedings.

A lawyer can also ensure that the affidavit complies with the local court’s rules. They’ll be familiar with the requirements for the affidavit’s contents and can eliminate the potential for a mistake.

If an individual’s reason for needing an affidavit is complex, it’s best to seek a lawyer’s advice instead of trying to handle it independently.

What are the various types of affidavits?

There are numerous types of affidavits, and they’ll differ depending on the kind of case they concern.

Estate law commonly uses affidavits for wills and trusts. For instance, a small estate affidavit is helpful when someone dies without a will. The person who signs the small estate affidavit will identify the deceased individual's assets so that a court can decide how to distribute them.

Someone who changes their name, like through marriage or after a divorce, may need to sign an affidavit. For instance, a credit card lender or mortgage loan provider may ask for confirmation of your name change through an affidavit.

Residence is another common reason for an affidavit. A school may require that you sign an affidavit concerning your residence before allowing you to enroll your children. Sometimes, you may need to provide a testimony of your residence for tax purposes.

Affidavits are also typical in criminal cases like identity theft. If you believe someone stole your identity for financial gain, you’ll need to attest to the theft to your creditors.

The affidavit prevents someone from falsely claiming their debts are the result of identity theft. If the investigation later uncovers that the individual falsely claimed identity theft, law enforcement can charge them with perjury, among other things.

Are all affidavits notarized?

In most cases, it’s best to have an affidavit notarized. In many jurisdictions, notarization is a requirement. Having an affidavit notarized ensures that the courts accept your document.

Notarization also prevents potential identity theft or fraud. You don’t want someone signing a statement in your name that you haven’t given.

What is an affidavit of debt?

Like most affidavits, an affidavit of debt is a sworn document that is filed into a debt collection lawsuit to certify that the information listed in the Summons and Complaint is accurate and true.

The FDCPA has closely scrutinized the filing of affidavits in debt lawsuits. There is a debate over whether debt collectors and creditors should be required to attach an affidavit of debt to a Complaint when the case is initially filed, and whether it is up to FDCPA or state courts to determine the validity of an affidavit of debt.

Some affidavits of debt are considered misleading, especially when filed by a debt collector who has inherited ownership of the debt from the original creditor. The idea is that many collectors submit affidavits of debt which only represent the records of the original creditor, which cannot be truly authenticated by the debt collector.

If you have been sued by a debt collector who has filed an affidavit of debt supposedly validating the debt you owe, try responding to the case with an Answer document to fight back.

With the right response and defense, you can beat debt collectors in court. SoloSuit can help you draft and file an Answer to a debt collection lawsuit in all 50 states.

Check out this video to learn more:

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents