Detailed Answer
In Arizona, an affidavit of collection is a sworn statement a person uses to assert a legal right to collect or repossess personal property. To validate and certify such an affidavit, follow these steps to ensure statutory compliance and enforceability under Arizona law.
1. Establish Your Legal Basis
Before drafting your affidavit, confirm the legal grounds for collection. Common bases include:
- Mechanic’s or warehouseman’s lien under A.R.S. § 33-1006 (A.R.S. § 33-1006).
- Landlord’s right to dispose of abandoned property under A.R.S. § 33-1368 (A.R.S. § 33-1368).
- Replevin (recovery of wrongfully detained goods) under A.R.S. § 12-651 (A.R.S. § 12-651).
2. Draft the Affidavit of Collection
Your affidavit should include:
- The affiant’s full name, address, and relationship to the property.
- A clear description of the property (make, model, serial number, etc.).
- The factual basis for collection (e.g., unpaid storage fees, breach of contract, lien rights).
- The amount owed, if money is due, with a calculation of any fees or interest.
- The date, time and manner of any prior notices or demands sent to the debtor.
- A statement that the information is true and correct under penalty of perjury.
3. Notarize and Certify
To certify the affidavit:
- Sign the affidavit before a licensed Arizona notary public.
- Include a jurat clause stating the affiant appeared and swore to the contents.
- Obtain the notary’s seal and signature with the commission expiration date.
4. Serve or Record as Required
Depending on your legal basis:
- For liens: File the affidavit with the county recorder where the property is located. Pay the standard recording fee. The recorder will assign a document number and date-stamp the affidavit.
- For abandoned property: Send the affidavit and required notice by certified mail to the last known address of the property owner. Wait any statutorily mandated response period (e.g., 45 days under A.R.S. § 33-1368).
- For replevin: Serve the affidavit and summons according to Arizona Rules of Civil Procedure, or file with the local Justice Court if the value of the property falls within its jurisdiction.
5. Enforce Your Rights
If the property owner does not comply, you may initiate a court action:
- Lien foreclosure: File a civil lawsuit to foreclose the lien and request a sale of the property.
- Replevin action: Ask the court for an order compelling return of the property.
Helpful Hints
- Always verify statutory deadlines. For example, a mechanic’s lien claim must be recorded within 120 days of last furnishing labor or materials (A.R.S. § 33-1006).
- Keep certified-mail receipts and return-receipt cards as proof of service.
- Retain copies of the notarized affidavit and all correspondence in a secure file.
- Consider consulting an attorney if the value of the property or complexity of the dispute is high.
- Document every communication with the debtor to build a clear record.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, please consult a qualified attorney.