Most of us are familiar with the term affidavit but do you know who an affiant is? Many of your might be hearing this term for the first time. Therefore, the purpose of this blog is to make you 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 an individual who makes a significant statement, fully understanding the implications of their declaration. This is often done in front of a Notary Public. Essentially, an affiant is someone qualified to take an oath or affirm the truth, and is intimately knowledgeable about the facts presented in an affidavit for any legal matter. To identify the affiant in a document, look for the prominently featured name and signature.
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 document was signed can affect them. If there is any false statement caught in the affidavit with your signature, then you can be subjected to fraud.
Are you wondering why notary is considered more effective? Because every legal document sealed and signed by a notary has added credibility. Notaries Public are government-authorized individuals who makes sure that the information provided in the affidavit is true. They MUST be legally commissioned to carry out these duties. For better confirmation, make sure that the document is notarized
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 often 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.