Overview

Short answer: Yes — you generally can refuse to sign an affidavit if you are unsure about the facts. Never sign a sworn statement that contains facts you do not recall or that you know are incorrect. Signing a false affidavit can expose you to criminal and civil consequences under Georgia law. This article explains what an affidavit is, the risks of signing one when you are uncertain, practical steps to protect yourself, and when to talk to an attorney.

Disclaimer: This is educational information, not legal advice. If you need legal advice for your situation, contact a licensed Georgia attorney.

What is an affidavit and why it matters

An affidavit is a written statement of facts that you sign under oath or affirmation. It is usually notarized or signed in a way that indicates you swore the contents were true. Because an affidavit is sworn, intentionally stating false facts in an affidavit can lead to criminal charges for false statements or perjury under Georgia law. Affidavits are often used by police, insurance companies, and in civil or criminal court proceedings.

Can you refuse to sign?

Yes. You have the right to refuse to sign an affidavit if you are unsure about the details. You are not required to manufacture memories or guess. If someone asks you to sign and you don’t remember the facts clearly, it is lawful and wise to decline to sign until you can confirm what you recall.

Why refusing can be the right choice

It prevents you from swearing to something that may be inaccurate.
It reduces your risk of being accused of making a false statement under oath.
It helps preserve your credibility as a witness if the matter later goes to court.

What are the legal risks of signing when unsure?

Signing an affidavit that contains false statements can expose you to criminal liability (charges such as false swearing, false statements, or perjury in Georgia) and to problems in civil proceedings where the affidavit is used as evidence. Courts and prosecutors evaluate whether someone knowingly made false statements. If you genuinely believed your statements were true but later learned they were mistaken, the legal consequences may differ from cases of intentional falsehoods. Still, deliberately signing things you know are inaccurate is risky.

For official information on Georgia law and to locate statutes on false statements and perjury, see the Georgia General Assembly and Georgia Courts resources: https://www.legis.ga.gov/ and https://www.georgiacourts.gov/. If you want to look up specific criminal code sections, use the Georgia General Assembly site to search the Official Code of Georgia Annotated (O.C.G.A.).

Practical steps to take if asked to sign an affidavit

Pause and be honest: Say you do not recall precise details rather than guessing. Use phrases like “I do not remember” or “To the best of my recollection…”
Ask for time and a copy: Request a copy of the full draft and ask for time to review it before signing.
Correct inaccuracies: Cross out incorrect sentences, add clarifying language, or attach a short note saying which parts you are uncertain about. If the form will be notarized or filed, get a written amendment or an addendum that explains uncertainty.
Avoid speculation: Stick to what you directly observed (who, what, where, when, lighting, distance). Do not guess speeds, times, or motivations unless you are certain.
Record how you prepared the affidavit: Keep your own dated notes about when you wrote or reviewed the statement and what sources you used (photos, calls, memory).
Get contact information: If police, an insurance adjuster, or a lawyer asks for a statement, get the name and contact info of the person who prepared the affidavit and the office that will keep it.
Ask about alternatives: Suggest providing an unsigned written statement or giving a recorded interview where the record shows your uncertainty.
Consult an attorney: If you are told you must sign, if you face threats, or if you may be a party in subsequent litigation, talk to a Georgia attorney before signing anything you do not understand.

What if you are subpoenaed or legally required to provide a sworn statement?

A subpoena or court order is different from being asked informally to sign an affidavit. If a court subpoenas you to give testimony or produce a sworn statement, you must comply with the subpoena. If you genuinely do not remember details, say so under oath — “I do not recall” is an appropriate truthful response. Refusing a lawful subpoena without a valid legal reason could result in contempt charges. If you receive a subpoena, contact an attorney promptly to understand your obligations and options.

How to phrase uncertainty in an affidavit

If you decide to sign after clarifying facts, use limiting language that reflects your actual knowledge. Examples include:

“To the best of my recollection…”
“Based on what I observed at the time…”
“I do not remember the exact time; my best estimate is…”

These phrases do not remove the oath requirement to be truthful, but they honestly convey the limits of your memory.

When to contact an attorney

Contact a lawyer in Georgia if:

You are told you must sign or face consequences if you do not.
You are threatened with criminal charges or civil sanctions for refusing to sign.
Your signed affidavit could significantly affect litigation, insurance claims, or criminal investigations.
You receive a subpoena or notice that you will be asked to testify in court.

An attorney can explain your rights, help draft accurate language, and, when appropriate, communicate with investigators or lawyers on your behalf.

Helpful Hints

Do not guess. Honesty about uncertainty is better than confident but wrong statements.
Keep your own written notes and photos as soon as possible after the crash; fresh records improve accuracy.
Ask for a copy of any affidavit or statement you are asked to sign.
Use limiting language (“to the best of my knowledge” or “to the best of my recollection”) when appropriate.
If a statement is being taken by police, ask whether it will be sworn or notarized; if not, it may be a voluntary written statement rather than an affidavit.
Remember that refusing to sign an affidavit is not automatically illegal — but refusing a valid court subpoena can have legal consequences.
If insurance adjusters pressure you to sign a statement, speak with an attorney or tell your insurer you will provide only recorded facts and will not speculate.
When in doubt, pause, say you need time, and consult counsel.