Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
An affidavit of collection is a sworn statement in which an individual (the affiant) affirms authority to collect personal property or debt. To validate and certify this affidavit under New York law, follow these steps:
1. Draft the Affidavit
Begin with a clear caption including the affiant’s name and case reference (if any). State the affiant’s connection to the property, describe the personal property, and set out the facts giving rise to the right to collect. If collecting under a secured transaction, reference the security agreement and default pursuant to UCC Article 9 (N.Y. UCC § 9-610).
2. Notarize the Affidavit
The affiant must sign the affidavit in the presence of a licensed New York notary public. The notary completes an acknowledgment certificate in compliance with New York Executive Law § 137 and E.G.L. § 302 (N.Y. E.G.L. § 302).
3. Complete Certification
Upon notarization, the notary affixes an official seal and signs the certificate, stating the date, county, and commission expiration. This certification confirms the identity of the affiant and the voluntary nature of the signature.
4. File or Record if Required
Most affidavits of collection do not require filing with the court or recording in the county clerk’s office unless statute or contract dictates. For self-storage liens under RPA § 182 (N.Y. RPA § 182), you must file an Affidavit of Service of Notice and a Certificate of Mailing before selling abandoned property.
5. Serve Interested Parties
Serve copies of the affidavit on all required parties—such as the debtor or lienholder—according to statute or contractual notice provisions. For secured creditors enforcing a lien, serve the debtor in accordance with UCC § 9-611 (N.Y. UCC § 9-611).
Helpful Hints
- Write in plain English and include detailed descriptions of the property.
- Confirm the notary public’s commission status through the New York Department of State.
- Keep originals and track all service receipts or certified mail proof.
- Verify all statutory deadlines—such as notice periods under UCC or RPA sections.
- Consult a qualified attorney if the underlying agreement is complex or contested.