Identity affidavits are legal documents that are used to authenticate or verify a person’s identity. Since they are used for official matters, it is always important to confirm the person you are transacting or dealing with. As a word of caution, not every person you interact with will always be up for genuine deals. Some are there to commit various kinds of fraud or identity theft. Therefore, to stay on the safe side, you need to establish proof of identity before you put your engagement official. This is the only way to ascertain the identity of someone they claim to be.
Contents of an Identity Affidavit
An affidavit of identity is a legal document to verify the true identity of an individual. Therefore, if you lie about any of its content(s), you risk being considered perjury or other repercussions including jail time.
An identity affidavit should contain the following set of information:
The name of the signer
This should include all the official names as given in the government identification card. For example, you may have it written as Frederick Johns.
The date of birth of the signer
Including the date of birth of the signer is one of the important things to mention on the affidavit which helps provide distinguishing details of the signer.
The address of the signer
This content of identity affidavit includes the address of the person who needs to be identified
A signature of the identifying person
The person who files an affidavit for identity should include his or her signature. This will act as proof of acknowledgment of the contents of the affidavit.
The identification forms
Depending on the requirements, you should include any other form of identification that is reliable to your situation. There are certain government-issued identifications that are accepted for affidavit verifications.
They include:
- State issued identification cards
- State-issued driver’s license
- US passports
- US military identification cards
- Resident alien identification cards or green cards
- Social security cards
- Birth certificates
- School identification cards
- City, state or county employee identification cards
However, it’s equally important to note that not all identification documents will be accepted as proof of identity. May a time, you will find the following list of documents being invalid and hence cannot be provided in a courtroom as proof of identity:
- Social security card
- Birth certificate
- City, state, or county identification cards
- School identification cards.
If the witness doesn’t have acceptable identification forms, then they may be allowed to use other forms of witness verification. Depending on the state or region, the credible witness verification will suffice if:
If the witness doesn’t have any financial interest or incentives for the signer to append their signature on the document
The credible witness has their own form of acceptable government issues identifications
If the witness is known to the notary
The sign and seal of the notary public
The notary public must sign the affidavit to make it legitimate. Similar to the signing, the seal of a notary public will make the affidavit more formal.
How to Write an Identity Affidavit
Identity affidavits are formal documents that can be used in any legal proceedings. Therefore, to validate them you must adhere to a specific formal guideline when writing one.
The following is a step by step guide you need to follow when writing an identity affidavit:
Title of an affidavit
First and foremost, you need to come up with the title of your affidavit. Usually, the title is meant to let your readers know about your sworn declaration. More importantly, your title should have both your official name and the topic.
For example,
AFFIDAVIT OF BUSINESS PARTNERSHIP
AFFIDAVIT OF JOSEPH ROBINSON
Note: if you intend to produce your affidavit in the court of law, then you will have to include the name of the court, state, country, case number and people involved on the case.
Write identity statement
In this section, you will include your personal information in details. These will include your name, age, profession, location of residence and other relevant information necessary.
For example,
My name is Joseph Robinson. I am aged 35 years old and I work as a college lecturer. Currently, I stay at 5005 Good Street, Sumter, South Carolina.
Note: make sure your information included are relevant to the outline of your story or situation. For example if you are providing details on a person accused of crime, you will indicate your relationship with him or her.
Write truth statement
Here, you will affirm to the readers that whatever the information states is nothing but the truth. This statement resembles an oath that is normally sworn in a court proceeding. The statement of truth should be short, precise and in first person.
For example,
I Joseph Robinson, do swear that the information put here on my statement is true, accurate, and legitimate as per my knowledge and understanding.
State the facts
After you’ve written the truth statement, you now need to embark on stating your facts. Generally, this section tend to be the longest of all as it contains any accurate information you have on the subject. In order to make your facts authentic and presentable, here are some useful tips to consider:
Stick to your facts
One thing you should avoid is bringing in your personal opinion into the affidavit. In order to remain relevant, you need to focus on making your presentation aligned to the facts. Also, remember to keep your facts concise.
For example,
I saw the blue saloon car hit the lady on Green lane at around 2 pm on that day.
You shouldn’t say this
I saw the blue saloon car hit the lady. I think the driver was drunk. he was trembling after the incident.
Mention facts clearly
You may want to note down an outline of events as you can remember them happen in a coherent manner. usually, it is advisable that you arrange your facts in chronological order.
For example,
I walked out of the school gate at around 1:30 pm
I saw the blue saloon hit the lady as she crosses the zebra lane at around 2 pm.
I called the ambulance who arrived at the scene at 2:20 pm.
The police arrived at the scene at around 2:30 pm
Remember that each fact should be presented on its own paragraph. Also, you can attach any other supporting document and reference them on each corresponding paragraph.
Repeat truth statement
After you have stated all the facts, you need provide a quick summary of the events once again. Again, ensure you provide trustable and reliable information, just as explained in the outline.
For example,
I, Joseph Robinson, once again swear that the information provided above is true as per my best knowledge.
Usually, this section should be brief and straight to the point. To avoid direct repetition, you can twist your language a bit but not the facts.
Sign of notary public
Lastly, you will complete your affidavit by appending your signature. Also, you can have it notarized and witnessed. Before signing, its important you be at the presence of a licensed witness or notary.
Situations Requiring an Identity Affidavit
These legal documents can be essential under various circumstances. More often, you may want to confirm the identity of people you are engaged in either on business, transactions, or any other legal engagement.
Here are some common scenarios where an identity affidavit will be essential:
- If you are doing bank transactions
- When involved in certain court proceedings
- When running for elected office in certain states e.g. Michigan.
- When you are a sole proprietor doing business under the business name in certain regions such as Kern County, San Diego County and Los Angeles to mention a few.
- When working with title companies
- When drafting temporary guardianship papers
- When requested by business owners to formalize certain transactions
- When creating a power of an attorney
- When claiming for an inheritance
- When verifying your address
- If your bank account is hacked or opening an account either with banks, financial institutions, or any other facility that requires identity’s approval.
Point to Note: If you are a victim of identity theft, you may want to use an identity affidavit to:
1) Fill your income tax returns
2) Deal with creditors
3) Deal with law enforcement agencies and
4) Handle credit bureaus
Note: if you are presenting an affidavit for fraudulence reasons, you may be requested to complete your social security number or the signer’s last four digits of their SSN.
Consequences of Not Having an Identity Affidavit
Basically, the main purpose for having an identity affidavit is for identity authentication and signature verification. More often, the affidavits will serve you under the two-mentioned basis. That’s said, failure to produce an affidavit can therefore limit you in one way or the other. you can either be blocked from operating an account, or restricted from accessing various government services. If perhaps you are thinking that these documents are valueless, you have to think again.
Below are some consequences of not producing an affidavit of identity when requested:
Cannot file for stolen identity
If at all your property is stolen and you are in pursuit for it, you will have to produce identity affidavit to government agencies to help you through. Otherwise, your hopes towards recovering the stolen item may dwindle into the thin air. most government agencies will want you to provide proof of identity and ownership before they can proceed to the next level.
Have no access to account
If there is one thing banks values is security. In order to guarantee this, every bank expects an individual to produce identifiable documents before granting account access. Among the most important document necessary for such verification is identity affidavit.
No mortgages
When seeking mortgages, banks, and other financial institutions will want to confirm the individual’s identity and proof. Before you get a mortgage, an identity affidavit is an important requirement you must produce.
Not able to do business transactions
Businesses run well if your supply chain and partners are reliable and trustworthy. If working with a new partner, it’s important that you first seek their credibility. An identity affidavit will therefore come in handy to ensure the person you are about to transact with is the real person they claim to be. This can protect the business owner from any possible fraudulence. For example, a businessman renting cars may request for affidavit to confirm the personal details of the renter. The affidavit will therefore enable the businessman to locate the renter, file a police report should the renter fail to return the vehicle on time, or sue the renter if they return the car in damaged condition.
Court proceedings not allowed
There are various court proceedings that will require an affidavit. Whether you are involved in a personal injury lawsuit, divorce, criminal proceedings, you will be required to issue proof of identity through an affidavit.
Free Templates
Whether you are planning to do an important business transaction, opening an account, attend a court proceeding, or any other situation that would require an identity authentication, an affidavit form will be your vital arsenal. Luckily, you don’t have to stress yourself when creating one. Instead, you can download our free identity affidavit templates to keep you on the move.
Frequently Asked Questions
Does the affidavit of identity have an expiry date?
Affidavits of identity doesn’t have expiry dates. Nonetheless, as time moves by, you may want to update certain contents of your affidavit to suit the prevailing circumstances
Where a notary card be found?
There are plenty of places where you can get a notary card. These includes the courthouse, city halls, bank premises, public library, insurance agents, real estate agents, business centers, police stations and mailbox for companies.
Why does an identity affidavit require personal information like date of birth and address?
Identity affidavits helps in the verification and authentication of one’s identity. Since people may share similar names, other distinguishable information such as the date of birth and address therefore comes into play, to bring distinction.Identity affidavits helps in the verification and authentication of one’s identity. Since people may share similar names, other distinguishable information such as the date of birth and address therefore comes into play, to bring distinction.
Can I sign the affidavit before seeing the notary?
No. you are expected to sign the affidavit in the presence of a notary for them to put their stamp or signature. Otherwise, your affidavit will be valueless.
Conclusion
Affidavit of identity is important documents that are used to validate an individual’s identity. These documents have been proven useful in preventing cases such as identity theft, fraudulence, and other related crimes. Therefore, if you are planning to engage in any business activity, make sure you confirm the person or party before calling it a done deal.
