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Sworn Statement State of Michigan

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WRITTEN DEMAND TO WITHHOLD FUNDS--INDIVIDUAL

(M.S.A. § 570.1110(7))

COMES NOW, , being a contractor

providing improvements to the property located at

and would state as follows:

1. The undersigned contractor has provided a sworn statement listing subcontractors, suppliers, laborers, and the amounts they are owed for services.

2. Further, it is the request of the undersigned contractor that pursuant to Michigan Statute Annotated § 570.1110(7) that the owner, lessee, or agent thereof, withhold from the amount which is due or to become due to the contractor or to the subcontractor for work already performed, an amount sufficient to pay all sums which are due to subcontractors or to suppliers or to laborers, as shown by the attached Sworn Statement, or which is due to lien claimants who have provided a Notice of Furnishing.

This the day of , 20

Contractor

Type or Print Name

MI § 570.1110

Written Demand to Withhold Funds

Page 1 of 1

Enter text

What a Sworn Statement in Michigan Is and When It Applies

A Sworn Statement in the State of Michigan is a written statement of facts made by a declarant under oath or affirmation. It is typically executed before a notary public and may be used in court filings, administrative proceedings, or to certify facts for transactions. Electronic execution is permitted where ESIGN (15 U.S.C. §7001) and UETA (1999) apply, but state notary and court rules can affect whether an electronic signature plus notarization satisfies Michigan-specific requirements for sworn testimony.

Why a Properly Drafted Sworn Statement Matters

A correct sworn statement creates a clear, timely record of facts under oath and strengthens evidentiary weight in legal and administrative matters.

Why a Properly Drafted Sworn Statement Matters

Who Commonly Prepares or Signs a Michigan Sworn Statement

The document is used across litigation, real estate, licensing, and administrative workflows where sworn factual assertions are required.

  • Individuals: People making factual attestations for court, DMV, or property matters.
  • Attorneys: Counsel preparing affidavits or exhibits for litigation or filing.
  • Corporate officers: Executives certifying corporate facts or financial statements.

Essential Parts of a Professional Michigan Sworn Statement

A complete sworn statement follows a predictable structure to ensure clarity and enforceability in Michigan courts and administrative processes.

Caption

Case or matter identification at the top listing court, docket number, or administrative file to link the statement to a specific proceeding or transaction.

Declarant ID

Full legal name, address, and relationship to the facts; this ensures the person making the statement can be located and identified for service or cross-examination.

Statement of Facts

Numbered, succinct factual paragraphs presented in chronological order; avoid argument and opinion unless identified as such and supported by evidence.

Oath or Affirmation

A clear oath clause stating the declarant swears or affirms the truth of the statement under penalty of perjury or similar statutory language required by Michigan rules.

Signature Block

Declarant signature and printed name, plus date signed; if electronic signing is used, include a clear audit trail to show intent and attribution.

Notary Acknowledgment

Notary section with jurat or acknowledgment, notary signature, commission expiration, and seal; required when the statement must be sworn before an official.

Step-by-Step: Completing a Sworn Statement in Michigan

Follow these steps to prepare, sign, and file a sworn statement that meets Michigan formalities.

  • 01
    Draft: Compose numbered factual paragraphs; keep statements concise and verifiable.
  • 02
    Review: Confirm names, dates, and exhibits; have counsel review if used in litigation.
  • 03
    Sign: Sign in presence of notary or complete a compliant RON session where permitted.
  • 04
    File or Serve: Submit to court, agency, or counterparty per applicable rules and retain a certified copy.

How Filing and Service Typically Flow

The process varies by use: court filings follow court rules, administrative uses follow agency guidance, and transactional uses follow contract terms.

  • Prepare Document: Include caption, facts, oath, and exhibit references where needed.
  • Authenticate: Notary or RON validates identity and administers oath where required.
  • File/Transmit: Deliver to the court clerk, agency mailbox, or counterpart via allowed channels.
  • Retention: Keep the signed original and copies according to retention rules.

Typical Digital Workflow Settings for eSigning a Sworn Statement

When using an eSignature platform, configure authentication, notary integration, and retention before sending to signers.

Field Configuration
Signature Type Electronic signature with complete audit trail
Authentication Email plus SMS code or knowledge-based authentication as required
Notary Integration Support for RON session or clear workflow for in-person notarization
Retention Settings PDF/A archival and export of audit trail metadata

Technical Requirements for eSubmission and Notarization

Choose a platform that preserves an immutable audit trail and supports the notary method required by the receiving court or agency.

  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • File Formats: PDF, DOCX, and export to PDF/A
  • Authentication: Email link, SMS, or multi-factor options

Timing Considerations and Filing Expectations

Deadlines depend on the purpose of the sworn statement—court, agency, or contractual deadlines control the required submission date.

Court Filing Deadline:

Follow the court’s scheduling order or local rule for affidavits.

Agency Response Window:

Meet the agency’s specified deadline for supporting documents.

Contractual Cutoffs:

Adhere to contract notice periods tied to the sworn statement.

Notary Timing:

Sign before the notary on the same date the jurat is completed.

RON Recording Retention:

Retain audio‑video per state RON retention rules where used.

Key Milestones from Draft to Archive

A practical milestone sequence helps track preparation, authentication, filing, and long‑term storage for a sworn statement.

01

Draft Complete

Finalize numbered factual paragraphs and attach supporting exhibits.

02

Sign & Notarize

Execute before a notary or complete a compliant RON session.

03

File or Serve

Deliver to the court, agency, or other recipient as required.

04

Archive

Store original and audit trail according to retention rules.

Common Preparation Errors to Avoid

  • Using vague or argumentative language instead of clear, verifiable facts often weakens admissibility and invites motions to strike.
  • Mismatched names between ID, filing caption, and signature block create administrative rejections or require corrective affidavits.
  • Failing to leave space for or to obtain the notary jurat leads to unsigned or improperly sworn documents.
  • Attempting RON or electronic notarization without confirming the receiving court or agency’s acceptance causes delays or re-submission.

Legal Risks and Consequences of Errors

Perjury Exposure: Criminal penalties
Filing Rejection: Case or administrative delay
Evidence Exclusion: Reduced probative value
Identity Dispute: Requires supplementary proof
Notary Defect: Invalid jurat risk
eSign Noncompliance: Potential invalidation

Real-World Examples of Digital Execution for Sworn Documents

Organizations across sectors have streamlined sworn and notarized documents using compliant eSigning and notary workflows.

Martin Properties — Tim Martin

Tim Martin used online execution for closing documents to maintain compliance and speed transactions.

  • He cited mobile and offline signing support.
  • He reported processing and executing these documents online with compliance and built-in security for efficient delivery to counterparties and recordkeeping.

BIS — Dan Rotelli

BIS prioritized SOC 2 compliance and electronic records management for regulated workflows.

  • The company integrated signing into internal approvals.
  • They selected a platform with strong compliance certifications to ensure sworn or attested documents met audit and regulatory standards.

How a Sworn Statement Differs from Similar Instruments

Compare sworn statements, affidavits, and unsworn declarations to choose the appropriate instrument for Michigan matters.

Document Type Michigan Treatment Typical Use
Sworn Statement notarized transactional or administrative attestations
Affidavit notarized formal court evidence under oath
Unsworn Declaration may suffice used where statute permits penalty of perjury language
Declaration under Penalty signed often used in lieu of notarization where authorized

eSignature Pricing and Feature Snapshot for Sworn Statement Workflows

Basic pricing and feature availability across common eSignature vendors; signNow is listed first per vendor comparison conventions.

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 Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Michigan Sworn Statements

Answers to common questions about notarization, eSigning, correction, revocation, and recordkeeping for sworn statements in Michigan.


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