Detailed Answer
An affidavit of collection is a sworn statement that outlines your right to seize or repossess personal property under California law. You typically prepare this affidavit when enforcing a court judgment (for unpaid debt) or exercising a security interest in collateral. Below are the key steps to validate and certify such an affidavit so that a levying officer (for example, a county sheriff) will accept it.
1. Identify the Legal Basis
Before drafting your affidavit, confirm the underlying authority:
- If you’re enforcing a court judgment, review California Code of Civil Procedure § 699.010 for how to obtain a writ of execution: CCP § 699.010.
- If you hold a security interest in personal property, consult the California Uniform Commercial Code (Cal. Comm. Code § 9310 et seq.) on perfection and enforcement: UCC § 9310.
2. Prepare the Affidavit
Your affidavit must clearly state:
- The court name, case number, and date of judgment (if enforcing a judgment).
- The names and addresses of the judgment creditor (or secured party) and the judgment debtor (or obligor).
- A detailed description of the personal property you intend to collect (make/model, serial numbers, location).
- The amount owed, dates of default or nonpayment, and any notice you provided.
- A declaration that you are entitled under law to enforce the lien or judgment.
Use a clear title such as “Affidavit of Collection of Personal Property.” Leave space at the end for the jurat (notary certificate).
3. Notarize the Affidavit
Under California law, an affidavit must be signed under oath before an officer authorized to administer oaths. Commonly, this is a notary public.
- The affiant (the person making the affidavit) appears in person before the notary and signs in the notary’s presence.
- The notary completes a jurat, which includes the date, county, and name of the affiant, and affixes an official seal. See Cal. Gov. Code § 8206 and CCP § 2015.5.
4. File and Obtain Certification
Next, you must file or record the affidavit with the appropriate office and request a certified copy if needed.
- If enforcing a judgment, file your request and affidavit with the court clerk to obtain a Writ of Execution. The clerk issues the writ; you then deliver it to the levying officer.
- If enforcing a security interest by filing docs with the California Secretary of State, submit your affidavit (if required by UCC) along with any UCC-1 or UCC-3 forms. The Secretary of State stamps and returns certified filings upon request.
- To get a certified copy of any official record (court file or recorded affidavit), ask the custodian of records to attach a certificate of authenticity under Evid. Code § 1560. Pay any applicable fees.
5. Deliver to the Levying Officer
Once notarized and certified, present the original affidavit (and any required writ of execution) to the sheriff or marshal in the county where the property is located. The officer will levy on or seize the property in accordance with CCP § 699.070 and related provisions.
Disclaimer: This information is provided for general educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Double-check property descriptions (serial number, location) to avoid disputes.
- Bring government-issued ID when you meet the notary public.
- Keep both the original affidavit and certified copies for your records.
- Verify filing and sheriff’s fees with the relevant court or county sheriff’s office.
- Provide clear service addresses for the judgment debtor or obligor to prevent delays.