Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

What Is an Affidavit of Collection?

An affidavit of collection is a sworn, written statement that allows an authorized person to retrieve personal property on behalf of the owner. Commonly used by storage facilities, tow yards, and bailment services, this affidavit confirms that the affiant has legal authority to collect the property.

In Utah, impound facilities must follow notice, redemption, and sale rules under Utah Code § 41-6a-1407 and § 41-6a-1408 (41-6a-1407, 41-6a-1408). However, before releasing a vehicle or other property, many facilities require an affidavit of collection to ensure proper authorization.

Step 1: Draft the Affidavit

Prepare the document with clear, concise language and include:

• Full legal names of the property owner and the authorized collector.
• Detailed description of the property (for vehicles: make, model, VIN; for other items: serial number or unique identifiers).
• A statement of authority (owner’s authorization, power of attorney, or court order).
• A sworn declaration that the information is true under penalty of perjury.
• A signature block for the affiant, with date and printed name.

Step 2: Notarize According to Utah Law

Utah Code § 46-1-9 establishes notarial procedures (46-1-9). The notary must:

• Verify the affiant’s identity by reviewing government-issued photo ID.
• Witness the affiant sign the affidavit in person.
• Complete a jurat or acknowledgment certificate specifying the date, venue (State of Utah, County of …), and affiant’s name.
• Affix the notary’s signature and official seal.

Step 3: Certify and Submit the Affidavit

Some recipients require a certified copy rather than the original affidavit. To obtain certification:

• Present the original affidavit to the record custodian (e.g., county recorder or facility administrator).
• Request a certified copy with the custodian’s stamp, signature, and date.
• Pay any applicable certification fees.

Helpful Hints

• Confirm the receiving party’s specific affidavit format and content requirements before drafting.
• Attach copies of supporting documents such as written authorizations or powers of attorney.
• Retain the original affidavit in a secure location and submit only copies when possible.
• Verify the notary public’s ID verification process in advance to avoid delays.
• For high-value or complex property collections, consider consulting an attorney for tailored guidance.