Fillable Form General Affidavit

What is a General Affidavit?

A General Affidavit is a legal document that is used when an individual declares that certain statements regarding any kind of subject are true and factual. A General Affidavit may be used for a variety of personal, business, or legal purposes. These purposes may include but are not limited to the following:

• When you want to prove someone’s relationship to a deceased person
• When you are buying property, land, or real estate
• When you want to certify a person’s finances to a bank or a judge
• When you are distributing property to the rightful beneficiaries of a person’s last will and testament
• When you want to change your legal name because of marriage or a divorce
• When you got your identity stolen and you want to notify your creditors and the credit bureaus about it
• When you are a service of process business entity or attorney who uses affidavits of service
• When an individual is involved in a bankruptcy

A General Affidavit is a legal document that is different from other types of affidavits because any individual can tailor the General Affidavit to meet his or her specific needs in certain legal situations. But even though a General Affidavit is unique in that regard, there may be cases when the said legal document can technically fall under the categories of certain types of affidavits. These categories of affidavits may include, but are not limited to the following listed below:

• Affidavit of Domicile
• Affidavit of Heirship
• Affidavit of Marriage
• Affidavit of Residence
• Affidavit of Service
• Affidavit of Death
• Financial Affidavit
• Affidavit of Identity
• Affidavit of Title
• Gift Affidavit
• Small Estate Affidavit

Affidavits may differ in their content depending on the person’s purpose for creating them, but they all generally share the same structure. A complete General Affidavit must contain the following information listed below:

• Title of the Affidavit or a heading
• State of the affiant
• County of the affiant
• Date of signing using the format: Day-Month-Year
• The full legal name of the affiant
• Affiant’s general statement about swearing to tell only true and factual accounts of the events that have occurred
• Affiant’s statements about true and factual accounts of the events that have occurred
• The signature of the affiant
• The address of the affiant
• Notary section

An affiant filling out a General Affidavit must keep his or her statements short and straight to the point. Each paragraph he or she makes must contain only one fact regarding the case at hand. Furthermore, the correct and factual statements of the affiant must be in proper order if he or she happens to be relating the courses of action he or she took during the event that has occurred.

In addition to this, a General Affidavit must not have any provocative language nor must it have any sort of dramatization or exaggeration regarding the case. The affiant must simply state the facts about the events that have occurred. On the same note, the affiant must also make sure to proofread the General Affidavit to see if there are any grammatical errors or misspelled words.

Anyone is able to draft a General Affidavit, but for a General Affidavit to count as a legal document, it must be signed in the presence of a notary public. A notary public, or also referred to as a notary or public notary, is a person assigned by the government to verify an individual’s important legal transactions. For any document to be considered legal, a notary public must witness the signing of important documents.

A notary public must also verify the identity of the parties involved in this transaction. Additionally, he or she must also observe and verify the willingness of these parties to sign the said documents and he or she must also see how much the parties know about the transaction.

The assigned notary public must verify your signature in this General Affidavit. To do this, he or she has the authority to check a valid form of your photo identification. To show proof of your identity, you may provide documents that may include but are not limited to the following:

• Driver’s license
• Passport book or passport card
• State identification card
• Company-issued identification card
• Government-issued identification card
• Military identification card

An individual may choose to write his or her own General Affidavit or use a fillable online form. As long as a notary public has witnessed the signing of the General Affidavit and has verified the identities of the party or parties involved, their willingness to sign the said document, and the extent of their knowledge about it, the General Affidavit will be then considered as a legal document.

How to fill out a General Affidavit?

To fill out a General Affidavit, you must provide the following information:

State of

Enter your state.

County of

Enter your county.

Statement of the Affiant

State

Enter your state.

Date

Enter the current date of signing using the format: Day-Month-Year.

Day

Enter the day of signing.

Month

Enter the month of signing.

Year

Enter the year of signing.

Affiant’s Name

Enter your full legal name.

Affiant’s Statements

Enter the correct and factual account of events about this certain case. By filling out this General Affidavit, you hereby swear that everything about your statement is true and correct to the best of your knowledge.

In writing a General Affidavit, each paragraph must be numbered and must contain only one fact. Refrain from using provocative and inflammatory language as well as including dramatic and exaggerated narratives in the General Affidavit.

Signature

Affix your signature.

By affixing your signature, you hereby swear that everything about your statement is true and correct to the best of your knowledge.

Name

Enter your full legal name.

Address

Enter your address.

Acknowledgement of the Notary Public

Date

Enter the current date of signing using the format: Day-Month-Year.

Day

Enter the day of signing.

Month

Enter the month of signing.

Year

Enter the year of signing.

Notary Public Signature

Have the notary public affix his or her signature.

Notary Seal

Have the notary public enter his or her seal.

Frequently Asked Questions About a General Affidavit?

What is the purpose of a general affidavit?

A general affidavit serves many purposes. It can be used as a supplement to a complaint about divorce, as evidence in support of a temporary restraining order, as security for injunctive relief or even to strengthen an unlawful detainer complaint. It can be used to prove an individual's identity or to prove ownership.

Since, a general affidavit is a written statement made under oath before an officer authorized to administer oaths (notary public, court clerk), it serves as evidence of the truthfulness of its contents.

Here are some of the purposes of a general affidavit:

To supplement a Complaint for Divorce

In an uncontested divorce case, the parties may have agreed to separate without determining proper custody or support of their children and property division. In such cases, a general affidavit is filed with the court stating that the separation is amicable and that there are no future plans of reconciling. It is but normal to file an affidavit of desistance in these kinds of cases.

In some jurisdictions, it may be necessary to file a general affidavit before filing an answer to support claims against assets if a property was not included in the pleadings filed by either party. In some instances, this general affidavit may be required before a motion for a new trial can be considered due to a lack of sufficient evidence in support of the judgment.

To prove identity or ownership

A general affidavit is one way to verify an individual's identity when applying for a driver's license or passport or when changing an address with certain government agencies like the department of motor vehicles (DMV) and public utilities commissions (PUC). A general affidavit also may be used to establish proof of ownership of property, particularly real estate titles. And in case there are conflicting claims on properties between several parties, a general affidavit can be presented before the court during trial to establish who is the rightful claimant.

To strengthen TRO

General affidavits have been employed as additional evidence in showing why restraining orders should issue against individuals accused of family violence under Section 63.001 (a) and (b), Texas Family Code.

One reason why restraining order cases fail to get granted is that the judge does not believe that sufficient evidence exists or has been presented for him to justify entering a temporary injunction. In such cases, the applicant may present an affidavit containing statements of witnesses regarding incidents of family violence committed by the respondent and also information about other individuals who were victimized by the person even though they were not part of the case before the court.

To serve as evidence in other legal actions

An affidavit may also be offered as proof that an individual was not at home when someone broke into his house, or that he was on vacation out of town during certain days or hours mentioned in the affidavit because only then would it have been impossible to commit certain crimes charged by credible witnesses who were examined under oath before trial.

Affidavits are admissible as evidence

General affidavits are self-authenticating documents, i.e., affidavits do not have to be supported by a witness before they can be admitted as evidence. The mere fact that an affidavit has been presented to the court is enough to establish its authenticity, and if a party chooses not to object or does not present any counter-affidavit to rebut the information contained in such affidavit, it will be considered true and correct unless there is some high degree of improbability on its face. This rule applies even if the affidavits presented had been executed outside of the maritime jurisdiction of the United States or outside of Texas because said affidavits were prepared by persons who are competent witnesses under state law.

To substantiate allegations made during divorce proceedings

In divorce proceedings, one key element is determining what should be done about property division between spouses. When it is the husband who files for divorce, he has to prove that some marital misconduct on his wife's part had occurred before the court will make an order awarding him all of the property.

To prove that service was effected

Service usually implies physical delivery or posting of papers on a certain day after it had been personally served upon the defendant by a process server hired by the plaintiff under the authority of law. The rules require that affidavits be presented as proof prior to judgment being rendered because if the defendant fails to submit counter-affidavit within the time allowed by law, judgment becomes final and binding.

How do you write a general affidavit?

Follow these steps to write an affidavit:

1. Decide who will act as the affiant, or the person writing the affidavit. This person should be someone with personal knowledge of the facts described in the document.
2. Write out what you want to say in your affidavit by drafting it either on your computer or in longhand (if this is easier for you). Remember, an affidavit needs to be precise and provide only facts; opinions and conclusions can be noted elsewhere but shouldn't appear in affidavits. It's also best not to write like a lawyer (i.e., avoid legalese).
3. Have your draft reviewed by someone else - preferably an experienced third party - who can point out any errors left unnoticed during the writing process. Revise your draft until you're sure it's error-free.
4. When you're ready to sign, have your affidavit witnessed and signed by the affiant and then notarized with a notary public present to witness your signature and verify your identity.
5. Understand that affidavits can be used as evidence in court but they are self-sworn statements (i.e., the affiant swears only to their honesty) and aren't subject to cross-examination unless they're made before a commissioner for oaths or a justice of the peace - people who work at provincial and territorial courthouses.

It is important to always consult a lawyer before using an affidavit in court.

What are the types of affidavits?

There are several types of affidavits. Here are some of the most used types of affidavits and their respective descriptions:

Court Affidavits

An affidavit that is intended to be used in court, signed by the affiant under oath, before a public officer. Legal affidavits are often written up for evidentiary reasons in civil cases when someone needs to prove an event happened. These affidavits are also useful in criminal cases when the defendant acknowledges guilt and signs an affidavit saying so.

Legal affidavits can be standalone documents or they may form part of some other legal document, such as a pleading filed by either party in a lawsuit or criminal case.

Affidavit of Domicile

The affidavit of domicile certification is one way to certify your domicile status for voting purposes. If you're moving due to college/university, military service, or employment then you may lose your domicile status in the state where you were living.

Burglary Affidavits

A burglary affidavit is a type of affidavit that may be filed by a person who has been burglarized or had their home broken into. When a burglary takes place, it's typically reported to the local police department so they can report it to the FBI and add it to their Uniform Crime Report statistics. This crime report is how they determine what crimes are taking place in an area and at what frequency; missing from this statistic is break-ins that don't get reported to the police. Burglary affidavits help supplement these numbers by providing information about unreported crimes.

Affidavit of Death

An affidavit of death (also known as a "statement of death") is often used when someone has died and their relatives need proof of the death. An affidavit can be signed by a medical professional or law enforcement officer that was present at the time of the person's death. Or, it may come from another source that provides proof of a person's demise. Affidavits of Death are required for many purposes including insurance claims, benefits to family members, and filing tax returns after an individual has died.

Incorrectly referred to as a "sworn statement," an affidavit form is not actually sworn under oath unless it is a certified court document. This distinction between types of affidavits impacts what other legal documents must be filed with them in order for them to hold up in court.

Affidavit of Support

An affidavit of support is a legal document that affirms the financial situation of a person who wants to bring another person into America as a permanent resident. In order for an immigrant to become a U.S. citizen, they must first have a green card sponsor who will submit an affidavit of support on their behalf detailing their ability to financially support them during their stay in America.

Incorrectly referred to as a "sworn statement," an affidavit form is not actually sworn under oath unless it is a certified court document. This distinction between types of affidavits impacts what other legal documents must be filed with them in order for them to hold up in court.

Affidavit of Power of Attorney

An affidavit of power of attorney is a legal process by which the affiant appoints another person to act on their behalf in legal matters. An individual can be an agent or nominee for someone else if they have an affidavit of power of attorney form filed on their behalf. These forms are used for wills, trusts, and other types of agreements that allow someone to legally transfer powers between one another.

Are affidavit and notary the same?

An affidavit and a notary are two different things.

By definition, an affidavit is an official written statement of facts, made under oath. A notary is an individual appointed by the state government to witness the signing of important documents and administer oaths.

An affidavit can be used as evidence in court, but it cannot be submitted unless the affiant appears in court. This requirement supplants the constitutional right to confront one's accuser. Affidavits are also frequently used as evidence without involving the affiant at all; they're just read into trial transcripts. In most cases, an attorney will simply ask a deponent what happened during questioning without offering any deal or threat commonly associated with testimony under oath: leading questions are not allowed, and the witness can decide which portion of his or her testimony to submit.

If an affidavit is submitted as evidence, the defendant must be given a chance to cross-examine its author (if that person appears in court) under oath. The same rules apply if the affiant has already appeared in court on some other matter without having been discredited by some contact with the accused criminal that might taint their testimony.

Every state has different rules regarding affidavits; consult your local law library for more information.

Notaries, on the other hand, are law professionals appointed by the state for a renewable term and must submit an application with appropriate fees to the Secretary of State's Office or similar agency to begin the process. They must be sworn in by the governor or a judge and carry official identification containing their signatures and a photograph.

Notaries witness documents and sign them as evidence of the date the document was signed, who made it (which they verify by looking at photo ID), where it was signed, and that the person signing it is doing so willingly.

Why do you need an affidavit?

You may need an affidavit for various reasons. Some of the most common reasons an individual would use an affidavit are:

• To comply with the law — For example, you may need an affidavit to complete and file your income tax return or to sell real estate.
• As a sworn statement — Affidavits are often used as evidence for court proceedings.
• For verification of facts — An affidavit is often required when applying for a loan, credit card, insurance policy, or job. In these cases, the lender, insurer, or employer will ask the applicant to sign an affidavit stating that all information contained in his or her application is true and correct to the best of their knowledge.
• To swear out a warrant — When you are asked to swear out a warrant, it means that you are being asked to provide information that will form the basis for criminal charges against someone.
• For information only — An affidavit may be used to collect specific information in certain types of cases or investigations. This type of affidavit is referred to as an "investigatory affidavit" and contains statements not directly related to any actual court proceedings. The person who signs the affidavit swears that all its contents are true even though they may not be presented in court evidence. The case number should appear at the top right corner of your affidavit if it is filed with a court clerk during an active case, otherwise, it should be placed on the document itself.

How long is an affidavit valid for?

In the US, affidavits are valid for a year, until they have to be renewed. In some cases, affidavits may be valid until the warrant or court order expires. In other cases, affidavits may be valid for a few weeks, until the judge orders the affidavit sealed after learning it was used to obtain a wiretap. In those cases, you can petition to have the affidavit unsealed.

Can an affidavit be used as evidence?

An affidavit can be used as valid evidence when it has been notarized by a public official. Moreover, a notary can be ordered to appear in court as a witness. In order for an affidavit to be valid, it must have been written by someone who is competent and aware of their rights.

A notary ensures that the individual signing the document understands what information has been provided and consents to those facts as being factual. This means that a notarized affidavit may also be referred to as a sworn statement or oath. A public official authorized by law to take affidavits executes the document with a formal stamp bearing his signature and seal of office. He should use a rubber stamp, but if unavailable, he uses a piece of paper affixed with his signature and stamped with his seal or one side of a split stick dipped in ink or paint.

A notarized affidavit, well written and composed, is considered an important piece of evidence in court. This is one reason why people are often advised to have their affidavits prepared by a reputable attorney who has experience writing these types of documents. It is best if there are multiple originals of the affidavit created at all times because it serves as proof that the original document still exists. However, even just having one original copy can be very persuasive for legal purposes because it may lead to additional evidence being available that proves the identity of the signatory or affiant.

Related Articles:

• General Affidavit — How to Guide
• How to Write an Affidavit
• What is a General Affidavit?