Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Vermont attorney for advice on your specific situation.
An affidavit of collection is a sworn statement used to document facts and authorize the collection or disposition of personal property under Vermont law. Validating and certifying this affidavit ensures it carries full legal effect when enforcing rights—whether a landlord collecting abandoned tenant goods, a secured creditor disposing of collateral, or a judgment creditor seeking levy on assets.
1. Drafting the Affidavit
- Include a clear title (e.g., “Affidavit of Collection of Personal Property”).
- Identify the affiant by full name, address, and capacity (e.g., landlord, secured party, judgment creditor).
- Describe the property precisely (make, model, serial number, or general description).
- State the facts showing entitlement (e.g., unpaid rent under 9 V.S.A. § 4557, repossession under 9 V.S.A. § 9-609, or judgment lien under 12 V.S.A. § 1907).
- Include a jurat clause: “Sworn to and subscribed before me this [day] of [month], [year].”
2. Notarial Certification
Under Vermont’s Notary Public statutes, a notary must perform the following steps:
- Verify the affiant’s identity using unexpired credentials approved by statute. See 32 V.S.A. § 603: legislature.vermont.gov/statutes/section/32/025/00603.
- Ensure the affiant appears in person, signs the affidavit in the notary’s presence, and understands the oath. See 32 V.S.A. § 610: legislature.vermont.gov/statutes/section/32/025/00610.
- Administer the oath or affirmation under 32 V.S.A. § 615.
- Complete the jurat with date, venue (county and state), notary’s signature, commission expiration, and official seal. See 32 V.S.A. § 619: legislature.vermont.gov/statutes/section/32/025/00619.
- Keep a notary record book entry noting date, document type, affiant name, and method of identification.
3. Filing or Delivering the Certified Affidavit
Depending on your context, take one of these actions:
- Landlord collecting abandoned tenant property: After sending the 14-day notice and allowing tenant redemption under 9 V.S.A. § 4552–4558, retain the notarized affidavit in your records. Upon sale or disposal, document proceeds and apply against rent and storage costs. (9 V.S.A. § 4558: legislature.vermont.gov/statutes/section/09/031/04558.)
- Secured party disposing of collateral: Follow the notice requirements in 9 V.S.A. § 9-612, then file any required disposition report. Record a copy with the Secretary of State if disposing of titled goods (e.g., motor vehicles). (9 V.S.A. § 9-513: legislature.vermont.gov/statutes/section/09/001/00913.)
- Judgment creditor seizing assets: Attach the affidavit to your writ of attachment or execution. File the certified document with the court and present to the sheriff to levy on personal property. See 12 V.S.A. § 1907: legislature.vermont.gov/statutes/section/12/015/01907.
Helpful Hints
- Always use the current statute language and check for amendments on the Vermont Legislature website.
- Maintain a copy of the certified affidavit in your permanent files.
- Confirm you meet any additional jurisdictional requirements (e.g., county recording).
- Retain proof of notice to interested parties before disposing of property.
- When in doubt, consult a Vermont attorney to review your affidavit and process.