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What exactly does an aferdavit (sp?) mean ??????

14 replies

nutcracker · 21/10/2004 19:46

Haven't a clue what one is really.

My housing association called me today to see if i would still be willing for them to use my diary sheets as evidence for the eviction case against my old neighbour who is still at it.
I said that would be fine and then they said they they will need to make an appointment for me to sign an aferdavit (haven't a clue of the correct spelling). Will siging one of those mean that i don't need to go to court to give evidence ???

I do want to help them as i really feel for my old neighbour still stuck with hearing them day in day out but i am worried that it might have repercussions for me and my family.
Since i left the flat the housing association haven't been able to let the flat as they would have to inform any prospective tennant that there was an on going problem with the tennant above.
I hate to think of the flat being empty when i know that lots of people would be so glad to live there.

So anyway, any adive about what they are asking me to do would be grateful.

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DelGirl · 21/10/2004 19:47

Isn't it something where you swear that what you say is true?

nutcracker · 21/10/2004 19:49

So is it just like a written statement that i sign to say is true ???

I still think they will end up with wanting me going to court which i'm not happy about really.

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ScummyMummy · 21/10/2004 19:56

\link{http://www.freesearch.co.uk/There's a short dictionary/affidavit\dictionary definition here.} Maybe one of the mumsnet lawyers can help with the detail?

DelGirl · 21/10/2004 19:57

I'm no legal bod but if you sign an affadavit wouldn't that mean you wouldn't have to go. I don't honestly know but obviously there are alot of mners that would

ScummyMummy · 21/10/2004 19:58

Ooops! I mean There's a short dictionary definition here. Maybe one of the mumsnet lawyers can help with the detail?

nutcracker · 21/10/2004 20:01

Oh well judging by that (thanks scummymummy), it seems like it is a written statement but i would have to swear in front of who i don't know that it was the truth, and no doubt i could be called to defend it too.

Oh really thought i'd left all this behind.

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lou33 · 21/10/2004 20:02

nutty, do you need any more flirting with?

Hulababy · 21/10/2004 20:03

It is a statement that is sworn in front of an officer of the court. For example, a solicitor, JP or commisoner for oaths. The idea behind it is that is it is not true what you "sware" then you are technically in comtempt of court.

codswallop · 21/10/2004 20:04

ahem! like me!

nutcracker · 21/10/2004 20:41

I wouldn't mind so much if it were you coddy

So once i sign this thing infront of whoever, will the person being evicted then be able to read it and know who has given it ??? also can they then call me to question me during the eviction trial or whatever it is ???

Sorry if i'm waffling i'm a bit worried.

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nutcracker · 21/10/2004 22:03

Just bumping incase anyone else can advise me

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Freckle · 21/10/2004 22:09

An affidavit is a statement (usually typed out but it can be handwritten) setting out facts as you know them. You would sign the affidavit and swear in front of e.g. a solicitor, notary public or court officer, that the contents of the affidavit are true. This then becomes a document which can be used in court. Very often the contents of an affidavit will be accepted as true and the writer does not need to attend court. However, if the other side disputes the facts, then they can request that you attend court to be cross-examined.

HTH

nutcracker · 21/10/2004 22:10

They will definatly dispute it

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nutcracker · 21/10/2004 22:11

Sorry meant to ad, thankyou freckle.

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