Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed Tennessee attorney.
What Is an Affidavit of Collection?
An affidavit of collection is a sworn, written statement by a party (the affiant) asserting the right to take possession of personal property. It serves as proof of the facts underlying the collection, such as unpaid storage fees, secured debt default, or abandoned property proceedings.
When Do You Need an Affidavit of Collection?
- To enforce a warehouseman’s lien on stored goods.
- To repossess collateral under a secured transaction governed by UCC Article 9.
- To dispose of abandoned vehicles or contents under state law.
- To memorialize collection efforts for potential court disputes.
Key Tennessee Requirements
1. Content Requirements
- Identify the affiant by name, address, and capacity (e.g., warehouse operator, secured party).
- Describe the personal property with sufficient detail (make, model, serial number, location).
- State the factual basis for collection (nature of default, storage lien, abandonment).
- Date and location where the affidavit is executed.
2. Notarization and Oath
The affiant must swear or affirm the contents under oath before a Tennessee notary public. Under Tenn. Code Ann. § 8-16-101 et seq., a notary public may administer oaths and must verify the signer’s identity by satisfactory evidence and affix an official seal. See Tenn. Code Ann. § 8-16-101.
3. Filing and Recordation
Depending on the context, you may need to file the affidavit with a state agency or local office:
- Warehouseman’s Liens: File an affidavit of lien within 30 days of demand notice with the county Register of Deeds. Tenn. Code Ann. § 66-11-209.
- UCC Repossession: A self-help repossession under UCC Article 9 does not require court approval, but you must send a written notice of disposition to lienholders under Tenn. Code Ann. § 47-9-615 before sale or retention of collateral.
- Abandoned Vehicles: After issuing a notice of abandonment, agencies file an affidavit of collection and sale with the Department of Revenue before title transfer. Tenn. Code Ann. § 55-16-103.
Step-by-Step Process
- Draft the Affidavit: Use clear, concise language covering all content requirements.
- Gather Identification: Ensure the affiant has valid photo ID.
- Appear Before a Notary: Swear or affirm the statement and have the notary affix a seal.
- Make Certified Copies: If filing with multiple offices, obtain certified copies from the notary or county clerk.
- File or Record: Submit the original or certified copy to the appropriate office (Register of Deeds, Department of Revenue, secured party records) within statutory deadlines.
- Retain Proof of Filing: Keep stamped copies or electronic confirmation for your records and potential litigation.
Common Pitfalls to Avoid
- Missing critical details like serial numbers or specific default dates.
- Failing to notarize in person or using an expired notary seal.
- Missing statutory filing deadlines, which can invalidate your lien or right to collect.
- Sending incomplete or incorrect notices to other secured parties under UCC rules.
Helpful Hints
- Use a template vetted by a Tennessee attorney to ensure compliance.
- Photograph or scan all executed and filed documents for your digital file.
- Double-check statutory deadlines in Tenn. Code Ann. before filing.
- Keep communication with interested parties in writing and date-stamp all correspondence.
- If in doubt, consult counsel to prevent forfeiture of your collection rights.