Most states, including California, describe forgery as occurring when a person alters a written document "with the intent to defraud, knowing that he or she has no authority to do so." The written document usually has to be an instrument of legal significance.
An “Affidavit of Forgery" is a notarized, sworn statement, attesting that the signature appearing on it is indeed a forgery. The account holder MUST provide an Affidavit of Forgery before any criminal charges can be filed! An affidavit must accompany each forged or counterfeited item.
All affidavits must be sworn to be true under oath and, ing to California law, this means you must have a notary public—or other agent certified by the state to administer oaths, such as a judge—execute the affidavit.
How to prepare an affidavit? Speak in the first person. This personalizes your affidavit, giving your personal account and testimony. Remain concise. Keeping your message as short as possible helps you to clearly communicate your message, and can make it more impactful. Restate your claims. Notarize your affidavit.
An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
The following are six critical sections that must be included: Title. This is either your name (“Affidavit of Jane Doe”) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. Statement of truth. Statement of facts. Closing statement of truth. Sign and notarize.
Examples. A bill is endorsed, “payable to X or order”. X endorses it in blank and it comes into the hands of Y, who simply delivers it to A. A would then forge Y's endorsement and transfers it to B.
Affidavits can occur any time a formal promise is made, and they are often used as a form of documentation tied to a specific person in the proceedings. They are often used in court to serve as evidence toward a singular side in a dispute, or to affirm a claim that someone is making.
Proving forgery in court can be challenging since it often requires the testimony of an expert who has conducted a detailed examination of various elements of a document, such as the paper, they typed fonts, the date, handwriting and time sequences all in the context of the content of the document.
An “Affidavit of Forgery" is a notarized, sworn statement, attesting that the signature appearing on it is indeed a forgery. The account holder MUST provide an Affidavit of Forgery before any criminal charges can be filed! An affidavit must accompany each forged or counterfeited item.