Cut point in the Affidavit of Service

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How to Cut point in the Affidavit of Service

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[Music] hi Im Frank Borghese today I wanted to talk about something called an affidavit of service this is a document that every process server fills out after they serve somebody with a summons and complaint so that they can tell the court how when and where they provided that person with notice of the lawsuit many times people are not aware that a lawsuit was initiated because service was questionable our office gets calls from people whove received wage garnishment notices notices that their bank accounts have been restrained and discover that liens are existing on their property and we get those calls usually by people who are panicked and need a resolution right away what we typically do is we docHub out to the courts and help obtain all the documents from the underlying lawsuit including the affidavit of service so we can find out whether an argument exists for us to challenge the judgment have the judgment enforcement measures stopped have the case thrown out and the judgment

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What must a NSW JP do before witnessing an affidavit?

A JP must see the face1 of the person making the NSW statutory declaration or affidavit. If the person is wearing a face covering2, a JP should politely ask the person to remove as much of the face covering as will allow the JP to see the person's face.

What should a JP do when asked to perform?

1.1 Your functions as a Justice of the Peace JPs have three primary functions: • witness a statutory declaration; • witness an affidavit; and • certify a copy of an original document. As a JP, you can perform these functions once you have taken the oath of office.

How do I witness an affidavit in NSW?

Affidavits must be signed in front of a witness who is an "authorised person". An authorised person includes a Justice of the Peace (JP), a solicitor or barrister. After witnessing your signature, the witness must also sign your affidavit.

What should a JP do if they are uncertain about witnessing an affidavit?

If you are unsure about what to do when witnessing a statutory declaration, seek advice (see Section 2.1 on page 12). The Electronic Transactions Act1 was amended in 2021 to enable remote witnessing of documents. The JP may witness statutory declarations and affidavits remotely in ance with this Act.

Can a JP certify an affidavit by a person who does not speak English?

It is not necessary for a document to be written in English before a JP can witness it. Since a JP generally has no concern with the contents of any documents produced for his or her attestation, it matters only that the copy is a true copy of the original.

What is the purpose of an affidavit?

An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.

How do I swear an affidavit?

- Prepare an affidavit document showing the following; The Name of the Court, Your Name, Your Address, Date, Purpose of the Affidavit (You can be guided in the Court), Passport Photograph and Signature. - Take the prepared document to the Commissioner of Oath in the Cash Registry for the First Signature and Stamp.

How do you swear an affidavit in NSW?

Signing the affidavit You need to take your affidavit to an authorised person before you sign it. The authorised person will ask you to swear (religious oath) or affirm (non-religious oath) that the contents of your affidavit is true, and then ask you to sign each page of your affidavit.

Can witness any document as long as the JP is physically present in NSW when doing so?

You can only witness a statutory declaration when both you and the declarant are physically present together in NSW, except in certain circumstances when you are delivering JP functions via audio-visual link (see page 14).

What is an example of an affidavit?

Here's an example of what that might look like: I, Jane Smith, swear that the information in my sworn statement is truthful to the best of my knowledge and understanding. Your statement of truth must be in the first person and you need to identify yourself in it.

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