An Affidavit of Claim should be filed when you invoke a civil lawsuit against a person or entity that has damaged your property or owes money and will not pay. An Affidavit of Claim is used to get a monetary judgement in court.
Most people use an Affidavit of Claim to bring a lawsuit in claims court against someone who owes money or has caused damage to your property or possessions. The Affidavit of Claim should be used if you cannot resolve a dispute through mediation or other means of reimbursement.
The Affidavit of Claim and necessary documentation must be served together to the defendant. Serve these documents through certified mail or by having a process server hand the form to the defendant. An Affidavit of Claim is not required for standard banking transactions. The maximum you can collect through a judgment in a small claims court with an Affidavit of Claim is three thousand dollars.
When filling out an Affidavit of Claim, you must:
• Print the name and address of the party that is making the claim.
• Print the name and address of the party that is being sued.
• Describe the nature of the suit, reasons for the suit, and the amounts owed.
• Submit the Affidavit of Claim under oath and in the presence of a notary public.
Please use caution if you receive an Affidavit of Claim through the mail or email. An Affidavit of Claim is one of the main instruments that scammers use to steal payments from their victims. All Affidavit of Claim scammers demand their requests to be paid upfront through Western Union or wire transfer. These payments are mostly anonymous and untraceable.
Be very cautious if you receive an Affidavit of Claim, especially through email. Do not pay an Affidavit of Claim unless you use proper due diligence and know the document is authentic.
Download a Free Affidavit of Claim Form customized with your own Legal Documentation.
