AFFIDAVITS

GENERAL FORM

State of.
County of.

· }ss.

Be it known, that on the day of the date hereof, before me, the subscriber, [title of officer], personally appeared A. B., who being duly sworn, according to law, did depose and say that

[Signature of affiant]

Sworn to and subscribed before me this . . day of A. D. 19

[L. S.]

[Official title]

AFFIDAVIT TO ACCOUNT BY PARTNER

State of.

County of.

}ss.

I, A. B., being duly sworn, do depose and say as follows: I am one of the general partners of the firm of C. D. & Co., doing business under that name at .. I caused the foregoing [or, annexed] account to be prepared from books of original entry of said firm, and I have compared said account with such original entries, and know it to be a true and just statement of such entries and all of them, and that the balance, as stated, is due and unpaid.

[Signature of partner

Subscribed and sworn to before me this . . . day of.

A. D. 19

[L. S.]

Signature of official and official_title]

I, A. B., of being duly sworn, do depose and say as follows: I am the bookkeeper [or other officer or employe] of the X Co. I made up the annexed [or, foregoing] account from the_books of original entry of the said company, and I know [or, believe] that the said original entries were correctly made, and know that the annexed [or, foregoing] account is a true statement of such entries, and of all of them.

[Signature of officer or employe

Subscribed and sworn to before me this . . . day of.

A. D. 19

[L. S.]

[Signature of official and official title]

AFFIDAVITS FOR PROVING ACCOUNTS

[Unless otherwise given, the caption, ending, signatures, and seal of the following affidavits are to be in the same form as those given for the general form of affidavit.]

ALABAMA

Before me, [name and title of officer], personally appeared A. B., a competent witness, who being duly sworn on oath, says that the foregoing account, and each item thereof, is true and correct, and the amount thereof due and unpaid.

ARIZONA

A. B. being by me first duly sworn, says:

I am the .. [here state whether he is the claimant, his agent, or attorney]; that the foregoing and annexed account is, within the knowledge of the said affiant, just and true; that it is due, and that all just and lawful offsets, payments, and credits have been allowed.

ARKANSAS

A. B., the plaintiff in the above-entitled cause, deposes and says that the annexed and foregoing account against C. D. is just and correct, and that no part of the same has been paid, except as credited thereon, and that there is still due and unpaid the sum of . . . . dollars.

CALIFORNIA

An affidavit for proving an account need not be in any particular form.

COLORADO

An affidavit for proving an account need not be in any particular form.

CONNECTICUT

Affidavits are not generally required for proving accounts, nor on civil process to procure attachment. No particular form is required; a simple, plain statement under oath will be sufficient.

DELAWARE

[The following is the form for proving an account against a decedent's estate:]

Personally appeared before the subscriber, [official title], A. B., and made solemn . . . . . that nothing has been paid or delivered toward the satisfaction of the annexed bill, except what is mentioned, and that the sum of . . . . dollars and. . . . cents ($ . . .) with interest from the . . . day of , 19, to the. day of . . . . ., 19 demanded from the estate of . . deceased, is justly and

truly due.

Sworn [or, affirmed] to and subscribed this. . . day of A. D. 19, before me, a [official title].

DISTRICT OF COLUMBIA

This day appeared A. B., and made oath on the Holy Evangels of Almighty God, that the annexed account as stated is just and true; and that he has not received any part of the money stated to be due, or any security or satisfaction for the same, except what is credited.

GEORGIA

Before me, [official title], personally came A. B., who being duly sworn deposes and says that the above and foregoing account is just and correct and the same is due and unpaid.

IDAHO

No affidavit for proving an account is necessary.

court of..

ILLINOIS

county. [Give title of cause

in full, if suit be commenced; not otherwise.]

A. B., being duly sworn, deposes and says that he is a member of the firm of A. B. & Co., composed of this deponent and .; that C. D. and E. F., composing the firm of C. D. & Co., of . are indebted to said A. B. & Co. upon open account for goods, wares, and merchandise sold and delivered by said A. B. & Co. to said C. D. & Co., in the sum of.. . dollars and . . . . cents [or upon a promissory note, particularly describing it], which said indebtedness is due and payable, after allowing to the said C. D. & Co. all their just credits, deductions, and set-offs; and for the recovery whereof the said A. B. & Co. are about to bring suit against the said C. D. & Co. in the court of.. county, in the state of Illinois. The above affidavit was subscribed and sworn to by the said A. B. before me, this . . . day of . . A. D. 19. .,

and I certify that I am duly authorized by the laws of the state of [here insert state where the oath is administered] to administer oaths.

INDIANA

Before me, [name and title of officer], of said county and state, came A. B., who being by me duly sworn, says that the annexed account in favor of . . against.

is correct; that no payments have been made thereon, except the credits thereon given; that there are no set-offs against the same to his knowledge; that the balance shown in said statement of account, to wit: . dollars, is now justly due and owing to said. . verily believes.

all of which he

IOWA

I, A. B., first being duly sworn, on oath depose and say that I am [or, a member of the firm of.

and that said firm is] the owner of the account hereto attached, marked "Exhibit A," and made a part hereof, that the same is correct in all particulars, and that the articles therein named were sold and delivered to said . . .

. . . at the prices and times therein named and agreed upon, and that said articles were reasonably of the value charged, and that said account is now due and unpaid, and that there is no legal offset to the same or any part thereof.

KANSAS

Before me, [name and title of officer], in and for said county, personally came. .., and, being by me first duly sworn, upon his oath says that the account hereto annexed is just, true, and correct, and that, to the best of his knowledge and belief, he has given credit to said . . for all payments and offsets to which. . . . . is entitled, and that the balance of . . . . . dollars claimed is justly due.

KENTUCKY

No proof of debt is necessary except that all demands against the estates of deceased persons and against estates assigned for the benefit of creditors, shall be verified by the written affidavit of the claimant, or, in his absence from the state, by his agent, or, if dead, by his personal representative, stating that the demand is just and has never to his knowledge or belief been paid, and that there is no offset or discount against the same, or any usury embraced therein, and if there be any payment, offset, discount, or usury, the same must be stated. If the claim be not prima facie in favor of the claimant, there must be an additional affidavit from a disinterested witness proving it; for example, an open account must be so proved.

LOUISIANA

No affidavit for proving an account is necessary.

MAINE

No affidavit for proving an account is necessary.