An affidavit is a written document stating an oath of a person. A public notary or someone authorized to take oaths, such as a city recorder, documents these statements, and they are used for many different legal purposes. Affidavits are used any time a sworn statement is written. They contain facts about a person and are required for a particular purpose, such as a business or judicial matter.
A named affidavit is a common type used. This type is only used when one person declares that he is the same person as another name. The person declaring the statement is called the affiant. A person cannot be forced to make an affidavit because affidavits are considered voluntary statements. A person, however, chooses to do this to clear his name or admit to some type of wrong doing.
Bulk transfer affidavits are a common type used by businesses and sellers. A bulk transfer affidavit lists the amount of claims against the business and is used to allow the original creditors to have rights to the assets and inventory a buyer purchased from a seller. This type of affidavit is always used in businesses and is quite often used when a business files for bankruptcy.
A general affidavit is also known as "Declaration Under Oath." This type of sworn statement is used to declare that certain facts are true. These are created and used in all types of circumstances. They may be needed in business dealings and personal affairs. The affiant creates the statement to place, under oath, certain facts or details about a particular matter. This statement may be to clear her name or to offer facts for a court case regarding another individual or business.
Any time an affidavit is needed for a real estate transaction or matter, a real estate affidavit is used. The affiant swears under oath, in the presence of an authorized person, the details and facts regarding a real estate matter. Affidavits are considered legal statements that are typically admissible in court.
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