Notarized Self Serving Affidavit

by Ken Edelstein on December 18, 2009

The Notarized Self Serving Affidavit

A self-serving affidavit basically says very little. It is a vehicle for making a small statement by an affiant. But, it can be a very useful tool both for the notary and the person making the statement. One of the simplest forms is “My signature is on this page.” The document is then signed and notarized. Actually, this is quite common when opening a foreign bank account. In order for me to notarize your signature – I must ask if the document you signed is “true”, thus you must say something – you can’t just sign a blank page and ask me to notarize it.

A more complex use of the self-serving affidavit is the “affidavit of copy.” This is used when you need to have a document notarized – but the person who signed it is not available. You make a copy of the document and basically state “under oath” that the copy is a true and complete copy of the original document. Then your statement as to the completeness of the copy can be notarized. That notarization can even be used to obtain an Apostille. Some limitations exist in New York. When Kenneth A Edelstein brings the document for Apostille processing – the document is checked to see that the person who made the copy is actually named as being the holder of the document.

Thus the “affidavit of copy” can be used to Apostille a copy of a phone bill you received. There is no other way, as the phone bill does not have a signature – a requirement for notarization. Why apostille a copy of a phone bill? It is often required as part of a package used to verify the residence address, typically when opening a foreign bank account. However, there are times when the original document – the actual phone bill you received must be used. In that case, a similar self serving affidavit – the “affidavit of receipt” – stating that you received the document is used.

As a New York Mobile Notary Public I process these and many variations of the self serving affidavit. They usually are simple statements of fact, and may or may not refer to related documents. Take care that the statements are absolutely truthful. A false statement on a notarized document is a serious matter and intentional falsehoods are a criminal offense – similar to perjury on the witness stand. Key point: a legal document need not be complex, but if you sign it – it must be truthful.

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