An Affidavit of Indebtedness is a crucial legal document in New Zealand's debt collection and verification process. This sworn statement is used when a creditor needs to formally establish the existence and details of a debt obligation for legal proceedings or formal debt collection efforts. The document must comply with New Zealand's legal requirements for affidavits, including proper execution before an authorized witness. It typically becomes necessary when pursuing legal action for debt recovery, during bankruptcy proceedings, or when establishing claims in various legal contexts. The affidavit must detail the complete history of the debt, including its origin, calculations, payment history, and current status. It serves as primary evidence in court proceedings and requires careful preparation to ensure accuracy and completeness, as false statements can have serious legal consequences.
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1. Introduction and Deponent Details: Identifies the deponent, their role, and authority to make the affidavit
2. Relationship to Debt: Explains the deponent's relationship to the debt (e.g., creditor, authorized representative)
3. Basis of Debt: Details the original agreement or circumstances that created the debt
4. Debt Amount and Calculation: Specifies the original debt amount, interest, fees, and total amount currently owed
5. Payment History: Chronicles payments made and remaining balance
6. Current Status: States the current status of the debt including any defaults
7. Verification Statement: Formal statement verifying the truth of the contents
8. Execution Block: Space for signature, witness details, and formal execution requirements
1. Security Interests: Details of any security interests or collateral related to the debt
2. Default Notices: History of default notices or demands for payment
3. Payment Arrangements: Details of any payment arrangements or modifications to the original agreement
4. Assignment History: If the debt has been assigned, details of the assignment chain
5. Acceleration Statement: If applicable, statement declaring the entire debt due and payable
6. Compliance with Regulations: Statement confirming compliance with relevant debt collection regulations
1. Schedule A - Original Agreement: Copy of the original agreement or contract creating the debt
2. Schedule B - Account Statements: Detailed account statements showing transactions and balance
3. Schedule C - Payment Records: Detailed record of all payments received and applied
4. Schedule D - Interest Calculations: Detailed breakdown of interest calculations and charges
5. Schedule E - Correspondence: Copies of relevant correspondence regarding the debt
6. Schedule F - Supporting Documents: Any additional supporting documentation referenced in the affidavit
Relevant legal definitions
Account
Accrued Interest
Agreement
Applicable Law
Authorized Representative
Business Day
Claim
Creditor
Date of Default
Debt
Debtor
Default Interest Rate
Default Notice
Deponent
Due Date
Enforcement Action
Event of Default
Interest Rate
Late Payment Fee
Legal Proceedings
Original Agreement
Outstanding Balance
Payment
Payment Schedule
Principal Amount
Related Documents
Relevant Period
Security Interest
Statement of Account
Terms and Conditions
Accrued Interest
Agreement
Applicable Law
Authorized Representative
Business Day
Claim
Creditor
Date of Default
Debt
Debtor
Default Interest Rate
Default Notice
Deponent
Due Date
Enforcement Action
Event of Default
Interest Rate
Late Payment Fee
Legal Proceedings
Original Agreement
Outstanding Balance
Payment
Payment Schedule
Principal Amount
Related Documents
Relevant Period
Security Interest
Statement of Account
Terms and Conditions
Clauses
Relevant Industries
Financial Services
Banking
Legal Services
Debt Collection
Real Estate
Insurance
Commercial Lending
Retail
Construction
Professional Services
Relevant Teams
Legal
Collections
Finance
Accounts Receivable
Credit Control
Risk Management
Compliance
Operations
Documentation
Treasury
Relevant Roles
Legal Counsel
Collections Manager
Credit Manager
Financial Controller
Debt Recovery Specialist
Accounts Receivable Manager
Litigation Paralegal
Risk Manager
Compliance Officer
Corporate Lawyer
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