Disclaimer: This article provides general information about Rhode Island law and does not constitute legal advice. Always consult an attorney to address your specific situation.
Detailed Answer
An affidavit of collection is a sworn statement used to establish your right to collect personal property—often collateral under a secured transaction or items subject to a lien. To make the affidavit legally effective in Rhode Island, you must (1) draft a clear statement of facts, (2) have the affidavit sworn under oath, (3) secure a proper notarial certificate, and (4) serve or file it as required by law.
1. Draft the Affidavit of Collection
- Identify the parties: full names and addresses of the affiant (you) and the property owner or debtor.
- Describe the property: include make, model, serial numbers, or other identifying details.
- State the legal basis: cite the security agreement, lien statute, or contract giving you the right to collect. If you’re enforcing a security interest under the Uniform Commercial Code, reference R.I. Gen. Laws § 6A-9-620 (collection and enforcement by secured party).
- Detail the events: date of default or nonpayment, demand for return, and any notices sent.
2. Swear the Affidavit Under Oath
The affiant must appear before a notary public or other authorized official. In Rhode Island, oaths and acknowledgments for written instruments must comply with R.I. Gen. Laws § 9-19-10. The affiant signs the affidavit in the notary’s presence and declares under penalty of perjury that the facts are true.
3. Obtain the Notarial Certificate
The notary completes the certificate of acknowledgment or jurat. Rhode Island law specifies the wording and the notarial seal under R.I. Gen. Laws § 9-19-11. Ensure the certificate includes:
- Notary’s printed name, commission number, and commission expiration date.
- Date and location (city/town) of notarization.
- Affiant’s signature acknowledgment or jurat clause.
- Official notary seal.
4. Serve or File the Affidavit
Depending on your legal authority:
- Secured Transactions: Send a copy to the debtor and any other secured parties as required by R.I. Gen. Laws § 6A-9-613 (notice of disposition of collateral).
- Liens or Auctions: File the affidavit with the county recorder or clerk’s office if you are foreclosing a lien or disposing of property under statutory authority.
- Court Proceedings: Submit your affidavit as evidence or supporting documentation in any Rhode Island court action.
Helpful Hints
- Use certified mail with return receipt to prove notice to the debtor.
- Keep a signed, stamped copy of the affidavit and certificate for your records.
- Confirm the notary’s commission is active on the Rhode Island Secretary of State website.
- Review UCC requirements if the affidavit enforces a security interest in personal property.
- If the property is subject to specialized statutes (e.g., motor vehicles), check corresponding Rhode Island code chapters.