Is an electronic affidavit valid?

Yes in most U.S. transactions when executed consistent with the ESIGN Act (15 U.S.C. ch. 96) and applicable state law (UETA or state ESRA). Ensure the electronic method captures intent, attribution, consent, and a durable record.

Do affidavits require notarization?

Not always. Whether notarization or a jurat is required depends on the receiving party and state law; some recipients and jurisdictions require a notary or witnesses for sworn statements.

Can I use Remote Online Notarization (RON)?

Many states permit RON; confirm the recipient accepts RON and verify the state's RON rules for identity proofing, recording, and retention before proceeding.

What supporting documents should I attach?

Include remittance advices, bank or ACH confirmations, cancelled checks, or payment processor transaction IDs that directly tie to the invoices listed in the affidavit.

Who is authorized to sign the affidavit?

A person with knowledge and authority over payment records typically signs — for companies, an authorized officer or accounts payable manager; personal affidavits require the payer themself.

What if the affidavit contains an error?

Prepare a corrected affidavit signed and dated, attach an explanation and original evidence; in some cases a notarized corrective affidavit or legal counsel review is advisable to avoid disputes.

Electronic Signature
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Affidavit of Payment of Invoices

Affidavit of Payment of Invoices

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AFFIDAVIT OF PAYMENT OF INVOICES OF CHARGES AND COSTS--CORPORATION

(N.M. Stat. Ann. § 48-2A-12)

COMES NOW

as a representative of

a

corporate original contractor having accomplished the completion of construction and upon acceptance of final payment from the owner, his or her successor in interest or agent, and would state the following:

All invoices or charges and costs received by the undersigned and related to the residential site have been paid; or

1. The names and addresses of persons to whom the undersigned has paid in full those invoices of charges and costs arising from furnishing labor or materials incorporated in the residential site are:

2. The names and addresses of those subcontractors and materialmen who have presented to the undersigned invoices of charges and costs of labor or materials incorporated or to be incorporated in the residential site which have not been paid, accompanied by a waiver of lien for the invoices properly signed by each subcontractor or materialman are:

and

3. The names and addresses of those subcontractors and materialmen who have presented the undersigned invoices of charges and costs of labor or materials incorporated or to be incorporated in the site improvement and which have not been paid and which have not been accompanied by a waiver of lien are:

This the day of , 20

Signature

Type or Print Name

Title

What an Affidavit of Payment of Invoices Is and When it Applies

An Affidavit of Payment of Invoices is a sworn written statement that confirms one party has paid specified invoices for goods or services. The affidavit lists invoice numbers, dates, amounts, payer and payee details, and the payment method, and is signed under penalty of perjury. It is used to resolve disputes, satisfy lien or release conditions, support tax documentation, or provide proof of payment to third parties such as lenders, sureties, or public agencies. The document often accompanies supporting records like remittance advices, bank statements, or cancelled checks.

Why a Clear Affidavit of Payment Matters

A precise affidavit reduces ambiguity in payment disputes, supports compliance with lien and tax rules, and creates a formal record admissible in many administrative and judicial settings.

Typical Users and Signers

Parties who commonly prepare or receive this affidavit include accounts payable staff, contractors, property managers, attorneys, and claims administrators.

Accounts payable teams who reconcile vendor ledgers and need sworn confirmation of cleared invoices.
Contractors and subcontractors who must prove payment to release lien claims or satisfy owner requirements.
Legal and claims personnel who require a sworn payment record for disputes, bonding, or insurance purposes.

Step-by-Step: Completing the Affidavit

Follow these steps in order to assemble accurate facts, supporting evidence, and proper authentication for the affidavit.

01

Gather Records: Collect invoices, remittance advices, bank records, and transaction confirmations.
02

Populate Fields: Enter invoice IDs, dates, amounts, payer and payee details exactly.
03

Review for Accuracy: Confirm totals and cross-check transaction references against bank statements.
04

Sign and Authenticate: Sign under penalty of perjury and obtain notarization or witness signatures if required.

Typical Routing and Verification Flow

A standard processing flow moves the affidavit from preparer to verifier to filing or archival; each step produces evidence for later review.

Prepare Document: Draft affidavit and attach supporting payment evidence.
Internal Approval: Accounts or legal reviews the statement and attachments.
Authentication: Signatory signs; obtain notary or witness if required.
Distribution: Send certified copy to requesting party and retain originals securely.

Setting Up an Electronic Workflow

Configure fields and permissions so each signer sees only required inputs and supporting documents are attached to the affidavit.

Field	Configuration
Invoice Section	Repeatable table with invoice number, date, and amount fields.
Attachment Field	Allow PDF uploads of remittance advice and bank confirmation.
Signature Field	Require signature and date for affiant; optional witness fields.
Access Controls	Restrict editing to preparer; allow read-only for reviewers.

Technical Options for Electronic Completion

Choose a platform that supports secure signatures, attachments, and audit trails for sworn statements.

File Formats: PDF and DOCX supported for upload and export.
Audit Trail: Capture IP, timestamp, and action history per signer.
Authentication: Use email, SMS, or multi-factor options for signer verification.

Essential Elements to Include in a Professional Affidavit

A complete affidavit combines clear identification, an itemized list of invoices, payment evidence, an explicit sworn statement, and appropriate authentication to ensure enforceability.

Affiant Identification

State the affiant's full legal name, title, company, and contact information so the signer can be clearly attributed to the sworn statement.

Invoice Details

Provide an itemized table listing invoice numbers, issue dates, due dates, and the exact amounts paid for straightforward cross-referencing with accounting records.

Payment Proof

Attach remittance advices, bank confirmation numbers, cancelled checks, or ACH receipts that directly support payment claims referenced in the affidavit.

Sworn Declaration

Include a concise sworn clause stating the affiant declares under penalty of perjury that the listed payments were made and are accurate to the best of their knowledge.

Notary Block

Provide a space for a notary acknowledgement or jurat per state requirements; include date and jurisdiction for the notarial act.

Retention Note

Specify where the original will be stored and who retains custody, including a reference to retention policy for recordkeeping and audits.

Data and Security Considerations

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Timestamped sign events retained

HIPAA Support: BAA available for PHI workflows

Authentication: Email, SMS, or advanced MFA

Certifications: SOC 2 Type II; ISO 27001

Regulatory: ESIGN and UETA compliant

Key Risks and Potential Penalties

Perjury Exposure: False sworn statements risk criminal perjury charges.

Civil Liability: Misstated payments can trigger breach or indemnity claims.

Tax Consequences: Incorrect reporting may affect IRS filings and audits.

Lien Disputes: Insufficient proof can leave liens intact.

Document Rejection: Missing notarization may invalidate affidavit for some recipients.

Regulatory Sanctions: Industry regulators may impose fines for deficient records.

Common Preparation Mistakes to Avoid

Omitting invoice numbers or using internal reference codes that payees cannot verify leads to delays and disputes.
Failing to attach supporting evidence such as bank confirmations or remittance advices undermines the affidavit's credibility.
Using vague language for payment method (e.g., 'bank transfer' without transaction ID) prevents verification.
Signing prior to notarization in a jurisdiction that requires an in-person notary can invalidate the affidavit for its intended purpose.

eSignature Provider Comparison for Executing Affidavits

Select a platform that supports audit trails, notarization or RON integration, and any required industry compliance. Pricing and feature availability vary by vendor and plan.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	Varies by vendor and plan	Varies by vendor and plan	Varies by vendor and plan	Varies by vendor and plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common practical and legal questions about preparing, authenticating, and submitting an Affidavit of Payment of Invoices.

Need help? Contact support

Is an electronic affidavit valid?
Yes in most U.S. transactions when executed consistent with the ESIGN Act (15 U.S.C. ch. 96) and applicable state law (UETA or state ESRA). Ensure the electronic method captures intent, attribution, consent, and a durable record.
Do affidavits require notarization?
Not always. Whether notarization or a jurat is required depends on the receiving party and state law; some recipients and jurisdictions require a notary or witnesses for sworn statements.
Can I use Remote Online Notarization (RON)?
Many states permit RON; confirm the recipient accepts RON and verify the state's RON rules for identity proofing, recording, and retention before proceeding.
What supporting documents should I attach?
Include remittance advices, bank or ACH confirmations, cancelled checks, or payment processor transaction IDs that directly tie to the invoices listed in the affidavit.
Who is authorized to sign the affidavit?
A person with knowledge and authority over payment records typically signs — for companies, an authorized officer or accounts payable manager; personal affidavits require the payer themself.
What if the affidavit contains an error?
Prepare a corrected affidavit signed and dated, attach an explanation and original evidence; in some cases a notarized corrective affidavit or legal counsel review is advisable to avoid disputes.

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