Detailed Answer

Under Nebraska law, an affidavit of collection is a sworn statement that affirms your legal right to recover specified personal property. To validate and certify this affidavit, follow these steps:

1. Draft the affidavit
   Include the affiant’s full name and address, a clear description of the personal property, the legal basis for collection (for example, a valid contract, court judgment, or lien), and a concise statement of the facts that support your claim. Specify the date and location where the property is held.
2. Notarize the affidavit
   Present the completed affidavit to a Nebraska Notary Public. The notary must:
   • Verify your identity with an unexpired government-issued photo ID.
   • Observe you sign the affidavit in their presence.
   • Complete a jurat using the official notarial certificate form required by Neb. Rev. Stat. §64-219 (notarial certificate), including their seal and commission expiration date.
3. File the certified affidavit
   • If the basis for collection is a lien on stored personal property (for example, a storage facility lien), file the notarized affidavit with the county Register of Deeds as required by Neb. Rev. Stat. §52-101 et seq. (storage liens).
   • If you are enforcing a court judgment to collect personal property, file an abstract of judgment (which may incorporate your affidavit) with the county clerk under Neb. Rev. Stat. §25-1533 (abstract of judgment) to create a lien on debtor assets.
4. Serve the property holder
   After filing, deliver a copy of the recorded affidavit to the person in possession of the property. Nebraska law permits service by personal delivery or certified mail with return receipt under Neb. Rev. Stat. §25-507 (service by certified mail).
5. Observe statutory notice and sale procedures
   • For storage liens, you must provide at least 30 days’ written notice before selling or disposing of the property (Neb. Rev. Stat. §52-118).
   • Conduct any required public sale in a commercially reasonable manner and apply proceeds toward the debt, returning any surplus to the debtor.

Helpful Hints

• Review all filing deadlines carefully—missing dates can forfeit your rights.
• Keep certified mail receipts and proof of service for your records.
• Maintain a complete file of all drafts, notarized originals, and filed copies.
• Use precise legal descriptions for property to avoid disputes.
• Consult a Nebraska attorney if high-value assets or complex lien issues are involved.

Disclaimer

This article provides general information based on Nebraska law. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.