A person uses an Affidavit of Identity to verify they are who they claim to be. This document can be essential in proving your identity in some instances, such as identity theft.
- What is an Affidavit of Identity?
- When Do I Need an Affidavit of Identity?
- The Consequences of Not Having an Affidavit of Identity
- The Most Common Situations for Using an Affidavit of Identity
- How To Fill Out an Affidavit of Identity
- Affidavit of Identity Form Sample
- Affidavit of Identity Frequently Asked Questions
What is an Affidavit of Identity?
An Affidavit of Identity is a legal document that affirms someone is who they say they are. Sometimes, the identity of an individual is essential to a transaction.
Due to concerns about fraud and identity theft, a person’s word is not always considered sufficient. In those cases, people take certain, universally agreed-upon steps to establish proof of identity. These steps, once completed, result in a document known as an Affidavit of Identity. This affidavit is considered legal proof a person is who they claim to be.
When Do I Need an Affidavit of Identity?
Several different circumstances may require an Affidavit of Identity. Below are just a few examples of times where one is or might be needed:
- Certain court proceedings;
- Some banking transactions;
- Sole proprietors doing business under a business name in certain jurisdictions, such as Los Angeles County, Kern County, and San Diego County;
- When running for elected office, in some states, such as Michigan;
- Business owners may request one from customers or clients in certain circumstances;
- Working with title companies;
- Drafting temporary guardianship papers; and
- Creating a power of attorney.
When someone is a victim of identity theft, affidavits of identity are used in multiple circumstances, including:
- When filing state income tax returns in some states;
- With credit bureaus;
- Law enforcement agencies; and
- Dealing with creditors.
Due to the wide variety of circumstances where this type of affidavit is required, you can expect most institutions to notify you if one is needed for a certain transaction or event.
The Consequences of Not Having an Affidavit of Identity
There are two purposes of an Affidavit of Identity. The first is to authenticate your identity, and the second is to verify your signature. If you don’t have this affidavit, the relevant authorities may not believe you are who you say you are. It can also result in blocked transactions. For instance, this could mean you would be unable to accomplish the following:
- File a claim of stolen identity. If someone is unwilling to complete an Affidavit of Identity, most government agencies, including the IRS and law enforcement, will not believe your claim. The same holds true for creditors.
- Establish that you’re the true account holder at your bank. The bank relies on a person’s name, signature, and government-issued form of identification to verify their identity. Without verification, banks cannot provide you access to your account.
- File to run for office. For the safety and security of their citizens, many jurisdictions require proof of identity from anyone running for office.
- Obtain a mortgage. Identity is an essential component of obtaining a mortgage.
- Participate in court proceedings. From adoption to personal injury lawsuits to divorce proceedings, the courts must be assured of the identities of the parties. Without an Affidavit of Identity, parties may not be allowed to proceed.
- Engage in certain business transactions.
The Most Common Situations for Using an Affidavit of Identity
Affidavits of identity are increasingly being used to distinguish true account holders. They are also frequently paired with affidavits of fraud. Victims of identity theft state under penalty of perjury that they didn’t make certain purchases and provide proof that they are the true account holder.
Sometimes, a person’s identity is used to open a new account. The criminal then charges any number of purchases on a credit card in the victim’s name. In this case, the victim completes an Affidavit of Identity and an affidavit of fraud declaring the entire account fraudulent.
A criminal may obtain a person’s credit card or bank information without the account holder’s knowledge. In that case, the true card owner and the criminal will both make charges on the account. Once the true account holder realizes what’s been happening, they must review each purchase. They can then complete an Affidavit of Identity and an affidavit of fraud identifying each fraudulent purchase.
If you’re frequently making purchases online, creating one of these documents would be a good idea in the event of identity theft.
Business owners engaging in certain transactions may request an Affidavit of Identity from the customer. This protects the business owner from fraudulent representations. For example, a business owner renting bulldozers may request an Affidavit of Identity. This assures the business owner they will be able to do the following:
- Locate the renter;
- Sue the renter for damaging equipment; or
- File a police report if the renter fails to return the equipment.
How To Fill Out an Affidavit of Identity
Step 1 – Fill in Affiant information
An affiant is someone who files an affidavit, which is a written statement used as evidence in court. The affiant is the person creating this affidavit. Make sure to provide the following information:
- Name
- Date of Birth
- Social Security Number
Why does an Affidavit of Identity include personal information, such as my date of birth, address, and social security number?
Affidavits of identity serve the purpose of verifying signatures and authenticating your identity. Including personal information known to the signer helps establish identity. Dates of birth, addresses, and the last four digits of a social security number can separate you from someone with a similar name.
Step 2 – Include Your Contact Details
The next step is adding in your contact information. This is so the necessary parties can contact you about the document. Be as detailed as possible, so make sure to add in your:
- Street Name
- City
- County
- State
- Zip Code
- Phone Number
Step 3 – Provide Proof of Identity
In this step, you must sufficiently establish the purpose of the affidavit and include a form of ID that will confirm you are who you say you are.
Be as specific as possible about what this affidavit is used for by specifying the name of the recipient for this affidavit. For example:
- Opening a bank account at West Shores Bank
- Registering at Springfield High School
A form of identification could be:
- Passport
- Driver’s License
- Include the state it was issued in
- Identity Card
- Include the state it was issued in
Step 4 – Notarize The Document
It’s a requirement that an Affidavit of Identity is notarized. But you can fill in this part at a later time.
Where can I find a notary?
There are several places where you can find a notary. Some places to check include:
- City Hall;
- The courthouse;
- Your bank;
- The public library;
- Some insurance agents;
- Real estate agencies;
- The business center at your hotel;
- Some police stations offer notary services; and
- Mailbox companies, like Mail Boxes, Etc., PostNet, and the UPS Store, frequently offer notary services.
There are also notary services made available by certain institutions. For example:
- AAA offers free notary services as a membership benefit at many branch offices
- Most colleges and universities provide notary services to their students
- Officers may act as a notary for military members and dependents of military members.
Do I fill the Affidavit of Identity out completely before going to see a notary?
No. A notary expects to witness your signature. Consequently, while you can fill out most of the affidavit ahead of time, you shouldn’t sign it until you are in the notary’s presence.
What should I expect when I see the notary?
The notary will ask you for government-issued identification. They will carefully review the documentation for a few separate things:
- Whether the identification appears authentic;
- Signs of forgery;
- Signs of alteration;
- To confirm you are the person pictured in the identification; and
- To confirm the type of identification offered meets the legal requirements.
Once they have reviewed your ID, they will witness you signing the document. The notary also signs the document and includes the date of signing. They will also have a notary stamp to affix to the document.
What Should be Included in an Affidavit of Identity?
The Contents of the Affidavit
At a minimum, an Affidavit of Identity should include the following information:
- The signer’s full name;
- Date of birth of the signer;
- The signer’s address;
- The form of identification relied upon;
- A signature of the person seeking to be identified;
- The signature of a notary public; and
- The seal of the notary public.
If the affidavit is to support a fraud allegation, the affidavit may also request a complete social security number or the last four digits of the signer’s social security number.
Acceptable Forms of Government Identification
When preparing an Affidavit of Identity, it is essential to understand that only certain forms of government-issued identification are acceptable. This includes the following:
- State-issued identification card;
- State-issued driver’s license;
- United States passport;
- United States military identification card; or
- Resident alien identification card (sometimes called a “green card”).
Some states also allow foreign passports and driver’s licenses from Mexico and Canada.
Other government-issued identification is not considered acceptable. This includes things such as:
- Social security cards;
- Birth certificates;
- School identification cards; and
- City, County, or State employee identification cards.
Credit cards and debit cards are not considered acceptable forms of identification.
Credible Witness Verification
There are rare circumstances wherein a signer does not have an acceptable form of identification. In such cases, some states accept a credible witness verification in place of government-issued identification. A credible witness must sign their own affidavit, establishing the facts below:
- The credible witness knows the signer;
- They believe the signer does not possess any of the acceptable forms of identification;
- They don’t believe the signer can reasonably obtain an acceptable form of identification;
- The credible witness does not have a financial interest or another incentive for the signer to be able to sign the document; and
- The credible witness has their own form of acceptable government-issued identification; or
- In some states, the credible witness must be known to the notary.
Affidavit of Identity Form Sample
Below is a sample Affidavit of Identity form available to download in PDF or Doc format.
Affidavit of Identity Frequently Asked Questions
Do Affidavits of Identity expire?
No. Affidavits of identity do not have an expiration date. However, because different circumstances may call for slightly different information in the body of the affidavit, you may create more than one of these documents over the years.
Can I use a credible witness to vouch for me if I’ve lost my driver’s license?
No. The absence of any acceptable form of government identification is a rare circumstance. It is not enough for someone to lose their driver’s license or leave their passport in another purse. Instead, the person must truly not have access to government identification.
For example, if your great-grandma was born in a farmhouse in Wisconsin, and there was no record of her birth, she may be unable to obtain other forms of government-issued identification. On the other hand, if you lost your driver’s license, you can (and should) take the steps necessary to issue a new driver’s license.