We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Evidence

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Affidavit of Identity?

By Daphne Mallory
Updated: May 16, 2024
Views: 33,133
Share

The affidavit of identity is a legal document used to verify the identity of the affiant. The affiant is the title given to the person who is required to sign the affidavit and whose identity is being verified. The document is also used to confirm the legal signature of the signatory because it is often witnessed, signed, and sealed by a notary public. The affiant has to swear that the information given is true and correct, and he or she may have to produce a picture ID to the notary public. The document lists personal and identifiable information, which often includes the signatory's Social Security number, date of birth, and home address.

Falsifying a legal affidavit of identity is considered a criminal offense in many legal jurisdictions. The criminal offense is perjury, because an affidavit is a sworn oath. It often contains a statement warning that the recipient of the affidavit has the right to and will prosecute the affiant. There's often a statement in which the affiant swears that the information that he or she is providing is correct, true, and complete to the best of the affiant's knowledge. Individuals and companies that rely on these forms often require these statements to prevent fraud and to protect themselves in cases where the affiant cannot provide a picture ID or other documents to prove the affiant's identity.

There are many uses of an affidavit of identity. Some governments require candidates seeking elective office to submit one as part of their eligibility requirements. Financial institutions may require it from certain customers in order to open bank or brokerage accounts. Litigants in small claims courts may be required to submit an affidavit as well, such as when they have to submit a deposition or when filing a complaint.

Parents, guardians or other adults may be asked to sign an affidavit of identity for minor children. Government agencies, courts, and private companies may require one to prove the legal name and identity of the minor. Minor children often don't have the documents that adults have to prove their identity, such as a passport or driver's license. The adults may produce other documents to satisfy the notary public, such as a birth certificate or school records. In these cases, the adult affiant will be guilty of perjury for falsifying any of the information contained in the document.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By wesley91 — On Aug 25, 2011

I am not sure if this is completely relevant but a girl that I worked with got in a lot of trouble over an identity affidavit. Apparently, when she purchased her car a couple of years ago, her sister co-signed with her because her credit was slow.

She and her sister had a huge fight that ended with them not speaking. The girl I work with was getting behind on some bills and wanted to refinance the car. It would have decreased her payment by over $100 a month. However, her sister's signature was required as well. Since they were feuding, there was no way that would happen.

She had a friend who was a notary public sign off on a form that was "signed" by her sister. It was an affidavit declaring that her signature was authentic. The sister never knew about it.

The car was refinanced once the affidavit was sent in. Now, the girl I work with is in a lot of trouble, as is the notary public, because her sister found out about it. I guess this is just another form of the many identity theft cases.

By strawCake — On Aug 25, 2011

@sunnySkys - That sounds like a mess! I had to get my social security card replaced a few years ago because I lost it, and it took my whole day.

I have a friend that had to get an affidavit of identity to open a brokerage account at a bank. My friend had all of his other forms of ID though, so I think that probably made it easier for him!

By sunnySkys — On Aug 24, 2011

I actually had to get one of these at one point. My purse was stolen, and I happened to have my social security card in there too. So my license, credit cards, social security card, and bank card were all gone!

It was such a mess trying to get everything replaced, especially because my mom had lost my birth certificate. We had to get another one from the hospital, and then the affidavit of identity helped me get the rest of my stuff replaced.

Share
https://www.mylawquestions.com/what-is-an-affidavit-of-identity.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.