Affidavit Of Debt Template for Singapore

An Affidavit of Debt is a formal sworn statement that provides legal evidence of an outstanding debt in Singapore. This document serves as crucial evidence in debt recovery proceedings and must be prepared with careful attention to Singapore's strict legal requirements under the Rules of Court 2021.

When do you need this document?

You'll need an Affidavit of Debt when initiating legal proceedings to recover unpaid debts in Singapore courts. This includes filing bankruptcy petitions against debtors, commencing civil litigation for debt recovery, or supporting summary judgment applications. The document is also required when enforcing foreign judgments for debt collection and during winding-up proceedings against companies. Licensed moneylenders must use this document when pursuing legal action under the Moneylenders Act, while banks and financial institutions rely on it for mortgage enforcement and loan recovery proceedings.

Key legal considerations

Your Affidavit of Debt must contain specific elements to be legally valid under Singapore law. The deponent must clearly establish their authority to make statements about the debt, whether as the original creditor, authorized agent, or legal successor. You must provide comprehensive debt details including the original amount, date the debt was incurred, its purpose, and complete payment history with supporting documentation. The Evidence Act requires that all statements be based on personal knowledge or proper records. Be aware that making false statements in an affidavit constitutes perjury under Singapore's Penal Code. The document must include proper verification clauses and be sworn before a Commissioner for Oaths or other authorized person.

Legal requirements in Singapore

Under the Rules of Court 2021, particularly Order 15, your Affidavit of Debt must follow prescribed formatting requirements and contain mandatory elements. The document must include the deponent's full personal details, NRIC or passport number, address, and occupation. You must clearly state your relationship to the debt and authority to make the sworn statement. The affidavit requires detailed debt information including original contract terms, payment due dates, and calculation of interest or penalties under the original agreement. Singapore's State Courts Practice Directions 2021 specify additional requirements for electronic filing and acceptable formats. Be mindful of limitation periods under the Limitation Act, as debts older than six years may face statutory limitations. The document must conclude with a proper verification statement and be executed before an authorized Commissioner for Oaths in Singapore.