How to Write an Affidavit
by: Oregon Law Center and Legal Aid Services of Oregon
1. What is an Affidavit?
An affidavit is a written statement that is notarized. If you need to provide a written statement from someone with personal knowledge about what you are trying to prove to DHS, and this person cannot testify in person, you can use an affidavit.
Affidavits are not hard to prepare, but they do require certain pieces of information. The information in an affidavit must be first-hand information. It cannot be second-hand information or speculation.
Affidavits can be written in your own handwriting or typed.
2. What does "notarized" mean?
Affidavits must always be notarized by a notary public. "Notarized" means that you have sworn under oath that the facts in the affidavit are true, the document has been signed in front of a notary public, and a notary public has signed and put a seal on the affidavit. The notary must see you sign it in front of him or her.
Many banks have notary publics who will be able to notarize the affidavit for you or you can go to Legal Aid and ask for help from a notary.
3. Why should I use an Affidavit?
You are giving the information as much weight as possible by giving DHS information in the form of a sworn statement that has been notarized. A blank affidavit form is enclosed with this flyer for you to use. A completed example is on the back.
4. How can I get a sample of an Affidavit?
You can get a sample affidavit and a blank affidavit you can fill in by downloading the "How to Write and Affidavit" PDF HERE. The file can be opened with Adobe Acrobat Reader. If you do not have Adobe Acrobat Reader, you can download the free program HERE.
5. Where can I get more information?
For more information, call the
Public Benefits Hotline (1-800-520-5292) or your local Legal Aid Services Office for possible advice or representation. Go HERE for a directory of legal aid programs.
SAMPLE AFFIDAVIT
STATE OF OREGON )
) ss.
County of Multnomah ) (Do not just copy this sample. Be sure to write in the name of your county and the correct information below. Use additional pages as needed to get a complete and accurate statement.)
COMES NOW John Doe being first duly sworn, under oath, and states that the following information is within his personal knowledge and belief:
JOHN DOE'S STATEMENT WRITTEN HERE.
STATEMENT SHOULD INCLUDE INFORMATION
JOHN DOE CAN VERIFY AND ALL OTHER RELEVANT
INFORMATION JOHN DOE HAS FIRST HAND KNOWLEDGE OF.
NO SECOND HAND INFORMATION OR SPECULATION.
Signature John Doe
Address 111 SW 1st Ave
Anyplace, OR 12345
SUBSCRIBED AND SWORN TO before me this _____ day of ___________, 20___, by ______________________.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
AFFIDAVIT
STATE OF OREGON )
) ss.
County of )
COMES NOW being first duly sworn, under oath, and states that the following information is within personal knowledge and belief:
Signature
Address
SUBSCRIBED AND SWORN TO before me this _____ day of ___________, 20___, by ______________________.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
|
