Most of us are familiar with the term affidavit but do you know who an affiant is? Most of you might have heard this term for the first time. Therefore, the purpose of this blog is to make familiar with the term affiant; when do you need an affiant? Who can be an affiant? And what is not expected from an affiant? Let’s get into it.
An affiant is basically a person who makes a profound statement and is aware of the consequences of what he is stating. In simple words, an affiant is a person capable of taking an oath or the idea of taking an oath, and an affiant is a person familiar with the facts stated in the affidavit in any legal action. Are you wondering how you will come to know who the affiant is in a document? Well, the name and signatures of the affiant will always be highlighted in the document.
What is an Affidavit?
For those of you still having trouble with what an Affidavit is in this context, this is defined as a written statement confirmed by oath or affirmation, for use as evidence in court.
Who is an Affiant?
When a person volunteers to sign or file a document, one must be familiar with what is written in the document and, if things go wrong, how this signature can affect them. If there is any false statement caught in the affidavit with your signature, then you can be subjected to fraud.
If you are wondering why notary is considered more effective? For better confirmation, make sure that the document is notarized because every legal document sealed and signed by a notary has credibility. Then you must know that notary is a government-authorized individual who makes sure that the information provided in the affidavit is true. They MUST be legally commissioned to carry out these duties.
When do you need an Affiant?
You might need an affiant in various situations. The most common situation can be proving something in court. If the courtroom demands evidence during the hearings, the affiant will have to appear in the room as a witness. On the other hand, the affiant can also be called in civil proceedings because they have signed up as your witness, so their statement will be considered.
Who can be the Affiant in Affidavit?
Before we talk about affiant, let’s first discuss what affidavit is. It is a voluntary document that one writes under oath before a notary stating facts.
Now coming to the affiant, as we mentioned earlier, it is the person who signs the affidavit in confidence. The correct answer to who can be the affiant for your affidavit is anyone. There is no discrimination based on gender, age, or race. The person can be anyone, but they should be mature enough to understand the importance of what is stated in the document. However, a person with criminal background cannot sign or submit an affidavit. Also, an immature person should not volunteer to become an affiant.
Abiding by these conditions, if you choose an affiant who is not related to you, then the person’s authority to verify the facts must be clearly stated.
Additionally, if the affiant is minor or mentally disabled, their guardian is allowed to sign on that person’s behalf. Your attorney or personal representative can also sign as the affiant if required.
Finally, as the real essence of affidavit and affiant is all about free will so no one should be forced to sign or file an affidavit. If done so, the person can then be charged for forgery.
What is not expected from an Affiant?
When we talk about law and courtrooms terminology for affiants, it sounds all good and easy, but the real world is all different. Outside the courtroom, you will get some fancy offers to become an affiant where people will offer you cars, cash, a house, and whatnot, and in return, you will have to become their affiant first, then only the transaction will happen. Therefore, to keep the law in place, everyone needs to understand the rules and regulations before making up their mind to go through the process.
Hence, this is all about the affiant and its role in the legal system. If you are looking for a reliable online notary service that could assist you through paperwork and signing the documents, etc., then visit Blue Notary by clicking the link above now because we are here to make notary easy for you.