Help with an Affidavit
Most questions we receive in connection with process serves relate to help with an affidavit. It is the aim of this post to:
- First, explain what an affidavit is, and
- Second to clarify what HKPS can and cannot do to assist
Understanding an Affidavit
An affidavit is a written statement made under oath that has been witnessed and notarized by another party.
When you sign an affidavit, you are:
- Asserting that the information is true and correct, and
- Declaring that you have personal knowledge of the facts contained in the affidavit.
- Indicating that you are competent to testify if called into court about the information contained in the affidavit.
How HKPS Can Help with an Affidavit
- Prepare the report of serve for the concerned lawyer to draft the affidavit
- Check the content of draft affidavit
- Swear affidavit in front of a Commissioner of Oaths
- Email, immediately, a copy of the sworn affidavit
- Post or courier the original to the lawyer
Having arranged hundreds of affidavits since 2014, we have never had one rejected.
When HKPS CANNOT Help with an Affidavit
So this is an opportunity to introduce some of the more “dodgy” things that illustrate when we cannot help with an affidavit! 🙂
As examples, we cannot:
- Prepare an affidavit to say that a scanned passport – of an overseas person who is unknown to us – is a true and correct copy. When a copy of any document is authenticated, the witness requires to see the original.
- Swear a statement from unknown individuals that they are honest and upstanding citizens.
- Draft your affidavit for a process serve. You require a lawyer from your jurisdiction.
- Produce a sworn statement saying that someone has no criminal record.
- Confirm that strangers have no driving convictions – (particularly those who do not provide copies of their driving licenses)!
In short, we can work with your lawyer to ensure the affidavit for your process serve progresses smoothly.