Legal Enforcement Affidavit

LEGAL ENFORCEMENT AFFIDAVIT

Affiant Name:    Title/Capacity:

Judgment Creditor / Claimant:

Court of Record:    Case Number:

Date of Judgment:    Judgment Amount: $

RECITALS

WHEREAS, Affiant is an individual having knowledge of the facts hereinafter stated and is authorized to make this affidavit on behalf of the Judgment Creditor / Claimant named above; and

WHEREAS, a final judgment in the amount set forth above was entered by the Court of Record named above in the referenced case, and a true and correct copy of the judgment is attached to this affidavit as an exhibit or is on file with the court; and

WHEREAS, Affiant has made demand and taken customary collection steps to satisfy the judgment and now seeks lawful enforcement remedies authorized by statute and by the rules of the court.

NOW, THEREFORE

Affiant hereby affirms and states under oath the following facts, based upon personal knowledge, review of business records, and representations of counsel as set forth below.

1. STATEMENT OF FACTS

1.1 Debtor Name:

1.3 The judgment outstanding as of the date of this affidavit consists of principal, interest, costs and allowable post-judgment fees in the total amount of $. Interest is accruing at a rate of per annum unless otherwise provided by statute or order.

1.4 Last payment received on the judgment account was on , and no further payments have been received by the Judgment Creditor to satisfy the judgment.

2. NOTICES AND ATTEMPTS TO COLLECT

2.1 Affiant certifies that written notice of the judgment and demand for payment was provided to the Debtor by the following methods (check all that apply):

Sent by certified mail with return receipt requested     Personal service by process server     Sent by electronic mail to last known email address

2.2 Date of last contact or attempted contact with Debtor: .

2.3 The following documents are attached to this affidavit or are on file with the court as true and correct copies (check applicable):

Judgment     Abstract of judgment     Proposed writ or proposed order for enforcement

3. ENFORCEMENT REQUEST

3.1 Affiant requests that the appropriate enforcement remedies be pursued to satisfy the judgment. Requested remedies include (check all that apply):

Levy on personal property     Garnishment of wages or bank accounts     Recording of judgment lien against real property     Issuance of writs (e.g., writ of execution)

4. AUTHORITY, REPRESENTATIONS, AND WARRANTY

4.1 Affiant represents and warrants that Affiant is authorized to act on behalf of the Judgment Creditor and that the facts set forth in this affidavit are true, correct and complete to the best of Affiant’s knowledge. Affiant further represents that enforcement is not barred by any pending appeal that would legally prohibit enforcement, and that no automatic stay applies which would preclude the requested actions unless disclosed herein.

4.2 Affiant acknowledges that any enforcement action may incur statutory fees, costs of collection, and reasonable attorneys’ fees, which the Judgment Creditor will seek to recover to the extent permitted by law or by order of the court.

5. OATH AND CERTIFICATION

I, the Affiant named above, declare under penalty of perjury under the laws of the governing jurisdiction that the foregoing is true and correct. I understand that the making of a false statement herein may subject me to penalties for perjury and may expose me and the Judgment Creditor to civil liability.

6. MISCELLANEOUS PROVISIONS

Governing Law: This affidavit and any enforcement actions pursued pursuant to it shall be governed by and construed in accordance with the substantive and procedural laws of the state in which the judgment was entered, without regard to principles of conflicts of law.

Entire Agreement: This affidavit, together with the judgment, related court orders and attachments referenced herein, constitutes the entire statement of facts and request for enforcement by Affiant. No amendment, modification, or waiver shall be effective except in writing signed by the parties or by order of the court.

Severability: If any provision of this affidavit is held to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

Notices: All notices required or permitted under this affidavit shall be in writing and shall be delivered to the addresses provided herein by first class mail, certified mail, personal service, or other delivery method providing proof of delivery.

Amendments and Waiver: No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. Any amendment or waiver must be in a written instrument signed by the party to be bound thereby.

Sign Now