Affidavit Of Indebtedness Template for England and Wales

An Affidavit of Indebtedness is a sworn statement that provides formal evidence of debt under England and Wales law. This document serves as crucial evidence in legal proceedings, allowing creditors to present verified information about outstanding debts to courts, insolvency practitioners, or other parties requiring formal proof of indebtedness.

When do you need this document?

You'll need an Affidavit of Indebtedness when pursuing debt recovery through the courts, as it provides admissible evidence of the debt's existence and amount. This document is essential in bankruptcy or insolvency proceedings where creditors must prove their claims against a debtor's estate. It's also required when seeking summary judgment for debt claims, as courts need verified evidence to expedite proceedings. Additionally, you may need this affidavit when dealing with secured debts involving property, as it establishes the debt amount for enforcement purposes. The document is particularly valuable when the debtor disputes the debt, as it provides sworn testimony that can be relied upon in court.

Key legal considerations

The affidavit must contain a statement of truth as required by Civil Procedure Rules Part 22, making false statements a contempt of court. You must include specific details about the debt's origin, including dates, amounts, and any relevant agreements or invoices. The document should clearly state the current outstanding balance and any interest calculations, ensuring compliance with the Limitation Act 1980's provisions on time limits and interest claims. When dealing with consumer credit debts, you must consider Consumer Credit Act 1974 requirements regarding enforceability and documentation. The affidavit must be properly executed before an authorised Commissioner for Oaths, and any supporting documents should be exhibited and referenced correctly.

Legal requirements in England and Wales

Under Civil Procedure Rules Parts 22 and 32, your affidavit must follow prescribed formats and include mandatory elements such as the deponent's full details and authority to make the statement. The Commissioners for Oaths Act 1889 governs the execution process, requiring the document to be sworn before an authorised person who must verify your identity. You must ensure the affidavit complies with limitation periods under the Limitation Act 1980, typically six years for contract-based debts. If the debt involves property security, Law of Property Act 1925 provisions may apply to your claim. The document must include exhibits for supporting evidence, properly marked and referenced, and the statement of truth must use the prescribed wording to ensure enforceability in court proceedings.