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small business help - information - news and start up advice arrow Debt Collection arrow Affidavit's & Application Notice

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Affidavit's & Application Notice
 
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The links to forms on this page will open PDF files. To view a PDF file, you will require Adobe Acrobat Reader:

 
Affidavit

An affidavit is a written statement from a person which has been sworn to be true (aka an oath). The affidavits is signed by that person and also a notary public or other judicial officer that administered the oath.

Not often, but possible, a district judge will ask for an affidavit to be sworn as to your (and/or the Defendants) account of an event leading up to the case: the case will be given a date in the future when the affidavit must be completed, sworn and in the courts possession.



Completing an affidavit in connection with a debt you are pursuing through the county court is a simple procedure.

There is a form called 'General form of affidavit' N285 that you complete. The form is self explanatory and can comprise as little as one page in total. You can have the affidavit sworn at the county court or your local solicitors (if you can catch them in the office).


When completing an affidavit you should write your account as it actually happened (and in plain English, avoid legal jargon). Also avoid making personal comments about the other party. If you hand write the form, capitals are favoured by the judge (after all you want the judge to understand what you have to say).

Application Notice

An application is used when you want to inform the court of, say, an adjournment of a trial on a specified day, due to whatever reason. You would complete the application N244, which would then be known as an 'application to adjourn'.

The application will cost you £60. The court will then inform you if it is acceptable to adjourn to a later date. If you send a letter instead of the application form, it is acceptable. Not sending the money is not acceptable to the court.


Remember to send the fee with the form. Payments should be made payable to "Her Majesty's Paymaster General".





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