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Detailed Answer

An affidavit of collection is a sworn statement that confirms you have authority to take possession of or sell someone else’s personal property under Maine law. Commonly used by secured parties enforcing a lien or by self-storage operators handling abandoned goods, the affidavit must comply with statutory requirements to be valid and enforceable.

Follow these steps to validate and certify your affidavit:

1. Identify statutory authority. Under Maine’s Uniform Commercial Code (UCC) Article 9, a secured party may repossess or sell collateral after default. See 11 M.R.S. § 9-609 (repossession) and § 9-611 (disposition). 11 M.R.S. § 9-611.
2. Draft the affidavit. Include:
   • Your name, business address, and role (e.g., secured party, storage facility operator).
   • Description of the debtor and mailing address.
   • Detailed description of the property (make, model, serial number, condition).
   • Date of default and the amount due.
   • Statement that you complied with notice requirements under 11 M.R.S. § 9-613 (notification before disposition).
   • Reference to the specific lien or security agreement.
3. Notarize the affidavit. Sign in the presence of a Maine notary public. The notary must confirm your identity and affix their seal per 1 M.R.S. § 311. 1 M.R.S. § 311.
4. Provide pre-enforcement notice. Maine UCC requires sending an authenticated notice at least 10 days before disposition. Send by certified mail to the debtor’s last known address. See 11 M.R.S. § 9-613.
5. File or record if required.
   • If you have a UCC financing statement on file, file an amendment or termination to reflect enforcement. 11 M.R.S. § 9-513. § 9-513.
   • Self-storage liens aren’t recorded in a public registry, but maintain accurate records in your files.
6. Serve the affidavit. Deliver a certified copy to the debtor and retain the original. If it’s part of a public sale or repossession, present it to law enforcement or sale agent as proof of your authority.

By following these steps, you ensure your affidavit meets Maine’s legal standards and can be relied upon in court or in administrative proceedings.

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

Helpful Hints

• Use precise property descriptions (e.g., VIN, serial numbers).
• Keep certified-mail receipts and a record of all communications.
• Review Maine UCC deadlines for notice and disposition (usually 10 days).
• Ensure your notary is commissioned and their seal is legible.
• Consult an attorney if the debtor contests the lien or sale.