Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
Under Massachusetts law, you must meet four key steps to validate and certify an affidavit of collection for personal property:
- Draft the Affidavit: Include the affiant’s full name and address, a clear description of the personal property, the date and location of collection, and a sworn statement of facts. Ensure the affidavit states that the information is true under penalty of perjury.
- Appear Before a Notary Public: The affiant must present valid identification (e.g., driver’s license or passport) to a Massachusetts notary. The notary must confirm the affiant’s identity and witness the signature in person. See MGL c. 222, § 7: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter222/Section7.
- Notarize the Document: The notary completes a certificate of acknowledgment with the date, venue (county and state), the name of the affiant, the notary’s commission expiration date, their signature, and official seal. A proper seal and wording are required under MGL c. 222, § 30: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter222/Section30.
- Obtain Certification from the Clerk’s Office: If your intended recipient requires a certified copy, submit the notarized affidavit to the county clerk or Registry of Deeds. Request certification (a stamped copy bearing the clerk’s seal) and pay the applicable fee—fees vary by county. The certified affidavit becomes self-authenticating under Mass. R. Evid. 902(4).
Once you complete these steps, the certified affidavit of collection serves as official proof of your right to retrieve the described personal property.
Helpful Hints
- Review all property details for completeness and accuracy before signing.
- Retain the original certified affidavit and make multiple exact copies.
- Confirm the notary’s commission remains active on the notarization date.
- Verify county clerk fees and acceptable payment methods in advance.
- Store the certified affidavit in a secure, organized location.