Affidavit of Residence Form
Certificate of Residency vs Affidavit of Residency
Did it ever occur to you that you were asked to show or submit an affidavit of residence form? It is likely you applied for a business permit, you wanted to claim a benefit, or if you have residential concerns in the court. Whatever reason there is, an affidavit of residence form will come in handy if you know how to get one. Unlike any other forms, an affidavit is something that requires signature from someone. Exactly, what is an affidavit, but more specifically, what is an affidavit of residency? We already know there are many kinds of affidavit; affidavit of lost item, affidavit of small estate, affidavit of small property, affidavit of name of change, affidavit of support, affidavit of death, affidavit of financial property, and many many others.
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What is an affidavit?
An affidavit is any legal letter that presents facts of the one concerned in the case. For example, you want to present a fact that something is your personal property, that can be called an affidavit of property. Say, you want to present a fact that you have lost something, an ID card – that may be called, an affidavit of lost property, or lost ID card. Say you want to present a fact that you are in a relationship with someone – that may be called, an affidavit of relationship. Depending on what nationality you came from, an affidavit can vary from one to the other. But basically speaking, it states a fact about something, that can be used in legal terms in the court, as compared to verbal statement you have had with your barber or your friend. Here, the statement, the fact written on paper can be used legally in the court. But it is not just a statement, it is a written statement with verification from, usually, an attorney. When the statement is signed by an attorney, the legal term “notarized” comes in play. So when you hear someone say, i have a notarized document regarding my residency, it actually means, he or she has an affidavit of residence form.
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So what is an affidavit of residence form?
Previously, we have discussed what an affidavit means. A legal statement about something or someone in relationship with the owner. An affidavit of relationship is a statement about one residency – that someone is residing in a particular location, that someone is living in a particular house, that someone is staying in a particular locality. And you make that statement legal by having it notarized by another person, usually a lawyer. It has to be done this way so as to make the the statement of the one concerned valid. It has to be verified by someone, a lawyer. Otherwise, it will be just like any other non-legal form or statement of fact.
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What is there in an affidavit?
An affidavit is a statement of fact legally by the one concerned, and notarized by anyone, usually a lawyer. But also, there are things that need to be considered when writing an affidavit. An affidavit should be devoid of comments and opinions. It should only contain facts about the concerned matter. But to avoid the tendency that a letter or a form might become too opinionated, usually, these affidavit come in forms that can be easily file in by the person concerned. There he just to input or fill in the names involved, as well as the subject, that is the property in question at hand. No stylized writing style, just plain facts of numbers, names of persons and things. But it is always good to know what an affidavit looks like, what is inside it, as well as the important things you need not miss out when you need one. Here are some of them you can download.
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When do you need an affidavit?
There will be instances, when in a trial court, that you need to establish and prove that something is in relationship with someone, or something is a property of someone. In a case of affidavit of residence, it is a relationship of someone with where he or she is living in or staying at.
In court, this could happen if you want to claim for a benefit. Otherwise, if you were not a resident of a particular place, and you have not paid taxes for that particular locality, there is no reason for someone to claim a benefit from his or her government. The affidavit of residence settles that problem.
But there are many uses of an affidavit than just for simple showing of what is and what is not, the facts, truth about something. When one has (a signed) affidavit, the lawyer may use such affidavit, without the person going to court to settle issues. Such that it will save time and money.
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Basically, one needs an affidavit when in either court trials and for when he uses it outside court such as insurance companies, banks, and some other institutions.
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Things to remember when preparing for an affidavit
VERIFIED TRUE and CORRECT.
Among the things that need to be carefully considered when writing an affidavit is for the person concerned to state only that which is correct and true, otherwise, the false claim might be used against him. If something, a property perhaps, is owned by someone, it should be indicated in the form the exact name of the said property, the value, quantity, and some others that are of important degrees.
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In an affidavit of residence, it might as well help if one includes the geodetic statement of one’s own residence. It can be as simple as a graph up to a 3d representation. But that is just an extra document. The most important thing is that the content in the form is verified true and correct. If you are living in 43rd street, then you should state, 43rd street and not 44th street. Small details like this should matter in a legal proceedings.
NO COERCION.
Like in any court proceedings, any coercive froce affecting the person concerned may invalidate a legal motion. The person applying or preparing for the affidavit should be free of external threats, and that it should be of his own free will.
At the request of a judge. In some cases, an affidavit may only be issued only at the request of a judge in a trial court. The person preparing may only fill in the form. Hence, a clear direction as to the purpose of filing the affidavit.
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Proof of address
An Affidavit of Residence may also be called Proof of Address. The difference lies in that a Proof of Address can be generic, whereas, an Affidavit of Residence is very specific and may command higher authority over other proofs. Other examples of Proof of Address are the following, Property Tax Receipt, Utility Bill, Posted Mail, Insurance Card, Lease Agreement, Voter Registration Card, and many others.
An Affidavit of Residence Form comes in many format, depending on which State you are coming from. But here are some formats that may trigger your interest. Some may look legal, while others look just like a receipt. Regardless, they all have the necessary fill-in-the-blank-liners that will ask you to complete all the information needed that will a valid Affidavit of Residence Form.
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Where to get an Affidavit of Residence?
You can actually make your own affidavit of residence. But the quickest way to get one is to download one from the internet. The good thing is that these downloadable files can be edited. They are designed to be filled in with easily with the information needed for an affidavit of residence. Make sure you look for one based on your location, based on where you are coming from. Each state has its own design of affidavit. But even in a public notary, it can be different from one office to another.
Should you make your own, the following details should be included. The names involved, that is, the affiant, the one filing or making the affidavit. The other one is the solicitor, or the barrister, or the lawyer, who will prepare and make the notary. Other details would be the dates, the age of the persons involved, their address. A lawyer may also ask the affiant to submit a direction sketch of his or her residence.
If you decide not to make your own, and not to download from the internet, you can just go immediately to a public notary. They have one already prepared. The thing is, whether you prepare the affidavit of residence yourself or not, going to a notary public is indispensable. Right. You will always need someone, usually a lawyer, or a any license legal officer, to make the signature, the notary.
Cost.
The cost is very minimal, just like buying a burger.
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