Affidavit in Lieu of Originals: How To, Templates & Examples

You must have heard about the affidavit. It’s a legal statement of facts by a person, called deponent or affiant. This document to be valid in a court of law has to be notarized. Alternatively, an affidavit can be sworn to by a magistrate or similar official. The statement of facts is made under an oath. It says that whatever is written in the affidavit papers is true to the best of the knowledge of the person who is making the affidavit.

What is the Document?

An affidavit in lieu of originals is making a statement under oath in front of the magistrate or the Notary Public. In this kind of affidavit, the deponent claims that the original documents whose copies are enclosed in the affidavit are available with the deponent. The affidavit for originals is a statement by the deponent sworn in front of a designated legal entity that if required, the deponent will produce the originals.

When Is It Required?

An affidavit in lieu of originals may be required when the deponent is approaching an organization for a service where a set of documents are required to process his request. For example, you may have to submit a set of papers to the bank for availing of a bank loan online. You may submit copies of your passport and proof of your employment. You may also submit the papers of your house that you intend to use as collateral for the loan.

The affidavit is required when a government organization or a private institution requires certain papers or evidence of facts. But these papers may not be readily available. In this situation, you choose to make and give an affidavit, stating that you have the original papers and you can produce them if required.

The legal document will tell the bank that you can produce the originals for verification or mortgage whenever required. The affidavit is taken seriously because if you fail to produce the originals when required, you can be tried for perjury. This is the risk of telling something wrong or making a false claim in an affidavit.

An affidavit in lieu of originals may be required in many different situations such as a dispute where you want to prove a claim by a set of documents. Through the affidavit, you tell the court or a tribunal that you have the original copies of these documents with you.

Tips for Writing an Effective Affidavit in Lieu of Originals

An affidavit in lieu of originals can be written by the person who is making the affidavit. However, for it to be valid and admissible in the court, it should be sworn before a magistrate or notarized by a Notary Public. An affidavit is to be made on the stamp paper that you procure after paying the due fees.

Here, we are going to give you a step-by-step guide to writing an affidavit in lieu of originals.

Title: There can be many affidavits for a variety of purposes. The title of the affidavit makes it easy for all concerned to understand what it is about. So, we will title our affidavit as AFFIDAVIT IN LIEU OF ORIGINALS.

If you are going to use the affidavit for a particular case in a particular court, you should mention the name of the court and the case.

Statement of Identity: The affidavit needs to begin with establishing the deponent’s identity. This should include name, age, place of residence, occupation, and any other information that is relevant to the affidavit.

Statement of Truth: This is the central part of the affidavit. It is the crux

of the information provided in the affidavit. It is to bring this information

to light that the affidavit is being made.

In an affidavit in lieu of originals, you are going to mention the certificates and documents required for your work. In the affidavit, you only mention the names of these documents and claim that you have the originals in possession of you.

These documents can be mentioned in the form of a list. You may attach the copies of these papers to the affidavit document.

State the Facts: Here, you should mention the fact that you want to bring to record. In this case, you want everyone to know you have the originals with and you can produce them whenever required. So, you can say the same in your words — accurately and concisely.

Reiterate the Statement of Truth: Here, you should attest to the information and facts you have mentioned in the affidavit. You should state that the information provided is true to the best of your knowledge and belief.

Sign and Notarize: You need to sign the document in front of the Magistrate or the Notary Public. The document needs to be signed by the Magistrate or the Notary who administered your signature or swearing of an oath.

Affidavit in Lieu of Originals: Important Things to Remember

• The most important part of an affidavit is the statement made in the document. The deponent should make only those statements in the affidavit that he knows are true to the best of his knowledge. Later on, if it is proved that he deliberately made false statements, he can be punished for perjury. All other details in the affidavit such as the names and addresses should also be correct and accurate.
• An affidavit is a legal document that needs to be written as per a format. Since accuracy and correctness of what is being said are important considerations in all legal documents, these are ensured by sticking to a format that has been in use for some time. The language of an affidavit should be clear and concise to avoid ambiguity or misinterpretation. However, it must have all the information that needs to be stated.
• An affidavit is always made by an individual and it can’t be made on behalf of somebody else or a company or any such entity. It should be written in the first person and only state the facts. An affidavit can be made by only such persons who understand the content of the document and its import. Insane or incapacitated people are barred from making an affidavit.
• An affidavit is always in writing so that the deponent can’t deny its existence. It also makes him accountable for the statements made in the affidavit. It is difficult to avoid the fallout of a false claim made in the affidavit.

Format

AFFIDAVIT IN LIEU OF ORIGINALS

I …… (Your name) ……, …… age …. ….. address …., solemnly swear that the documents enclosed here are the true copies of the original documents.

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, … (Name of deponent)…, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by …..

(name of magistrate or notary) ………… before me on the ………… day of …(Month)…………,

Printed name ………………… (Deponent)

Notary public, State of

My commission expires on …………………

Sample 1

AFFIDAVIT IN LIEU OF ORIGINALS

I, Robin Elise, 43, a resident of 1311, Platinum Tower, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

1 Birth certificate

2 Date of birth certificate

3 Post graduation degree certificate

4 Driving license

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, Robin Elise, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 17th day of May 2021

Printed name: Robin Elise

Notary public, State of North Carolina, Country of Wake County

My commission expires on 18 May 2023

Sample 2

AFFIDAVIT IN LIEU OF ORIGINALS

I, Mary Williams, 23, a resident of 111, Lake View Apartments, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

2 Employment Letter

3 Bank Statements (3.4.2020 to 3.4.2021)

4 Marriage certificate

5 Lease agreement of the house

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, Mary Williams, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 21st day of April 2021

Printed name: Mary Williams

Notary public, State of North Carolina, Country of Wake County

My commission expires on 18 May 2023

Sample 3

AFFIDAVIT IN LIEU OF ORIGINALS

I, Susan Jonas, 29, a resident of 222, Taurus Residency, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

1 Letter of employment

2 Title deeds of flat

3 Bank Statement (June 2020)

4 Credit Card statement (June 2020)

5 Receipt of the complaint from Fraud Investigation Department

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, Susan Jonas, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 25th day of February 2021

Printed name: Susan Jonas

Notary public, State of North Carolina, Country of Wake County

My commission expires on 18 May 2023

Sample 4

AFFIDAVIT IN LIEU OF ORIGINALS

I, David Henry, 64, a resident of 543, Golden Plaza Residency, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

2 Flight Ticket San Francisco-Amsterdam (January 13, 2020)

3 Hotel booking confirmation for (January 15-20, 2020)

4 Hotel Booking Payment confirmation (January 10, 2020)

5 Police complaint about refusal of stay by hotel (January 15, 2020)

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, David Henry, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 2nd day of February 2021

Printed name: David Henry

Notary public, State of North Carolina, Country of Wake County

My commission expires on 18 May 2023

Sample 5

AFFIDAVIT IN LIEU OF ORIGINALS

I, Joseph Samuel, 55, a resident of A-55, Vegas Towers, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

1 Bank statements (January 13, 2017 – February 22, 2021)

2 Title Deeds for A-55, Vegas Towers, Midtown, Raleigh, North Carolina

3 Letter of Intent offered by Vegas Towers Real Estate Inc.

4 Letter of Occupation from Vegas Towers Housing Society

5 Complaint to the Land and Revenue Department (Jan 15, 2021)

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, Joseph Samuel, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 2nd day of February 2021

Printed name: Joseph Samuel

Notary public, State of North Carolina, Country of Wake County

My commission expires on 18 May 2023

Sample 6

AFFIDAVIT IN LIEU OF ORIGINALS

I, Margaret Catherine, 25, a resident of ABQ-515, French Villas, Midtown, Raleigh, North Carolina, solemnly swear that the documents enclosed here are the true copies of the original supporting documents.

1 Certificate of passing Standard X (1987)

2 Certificate of passing Standard XII (1989)

3 Certificate of passing Bachelor of Computer Application (1991)

4 Certificate of passing Master of Computer Application (1993)

5 Certificate of passing Master of Business administration (1995)

6 Letter of employment from Google Inc. (1996)

I am in possession of the originals of the above-mentioned documents and I will produce these documents for verification if required.

I, Margaret Catherine, once again, swear that the information provided here is true to the best of my knowledge and belief.

Subscribed and sworn to by Maria Rodriguez before me on the 12th day

of February 2019.

Printed name: Margaret Catherine

Notary public, State of North Carolina, Country of Wake

County My commission expires on 18 May 2023