File affidavit with C & R

[ndusa]

I was wondering, as someone had asked me, what would be the purpose of filing an affidavit with the clerk and recorder?

The guy is saying that some public servents did him wrong, and he wants to file one before filing a court action.

I don't understand, and that is why I'm asking people here. Anyone have some ideas here on what he is talking about? (I'm not sure if my friend does either lol).
Thanks.

[Akira-]

An affidavit is stands as testimony.

A defaulted affidavit stands as truth.

A filed, defaulted affidavit stands as judgement, and is beyond reproach.

[ndusa]

Originally Posted by Akira-

An affidavit is stands as testimony.

A defaulted affidavit stands as truth.

A filed, defaulted affidavit stands as judgement, and is beyond reproach.

Okay, I'm following you here. More like a default in court. Somewhat anyway?

Okay Ikira, now, if you file this, do you serve everyone mentioned in it? I mean, this guy says something like 5 people were involved.

So, to be clear-Do you serve each person? or when it is filed,stamped what have you, and it is public record, would that releive you of having to serve them?

If I'm not clear here, ask me to try again lol, I'm confusing myself here!

[Akira-]

yep.. serve the affidavit to all parties involved including the court. then do the same with the notice of default, and the final default.

File an aff of service with the court as well.... to complete your documentation.

Then get certified copies of everything form the court clerk, and register the docs at the county seat.

[ndusa]

Originally Posted by Akira-

yep.. serve the affidavit to all parties involved including the court. then do the same with the notice of default, and the final default.

File an aff of service with the court as well.... to complete your documentation.

Then get certified copies of everything form the court clerk, and register the docs at the county seat.

The county seat is where he is at. Can one serve by mail this way? Or do you serve as you would for a civil matter?(Third party)

I think, and I could be wrong, but the plan was to file his aff. and then file in court after so much time went by. I will print this out Akira, and see if he understands. Thank you very much!

[ndusa]

I understand service for civil matters, I'm just lost here. So please understand that I don't know, and this is why I asked.

Is there a book out there that explains this in detail, from start to finish? I have read people doing this in here, and I guess I'm wanting to have the knowledge for when the next person asks me. Thanks agians for the kind reply's, this is refreshing!

[Akira-]

Originally Posted by ndusa

The county seat is where he is at. Can one serve by mail this way? Or do you serve as you would for a civil matter?(Third party)

You can do either... by mail or 3rd party... and if it's in common law jurisdiction, he can do it himself !

I think, and I could be wrong, but the plan was to file his aff. and then file in court after so much time went by. I will print this out Akira, and see if he understands. Thank you very much!

That's right.. serve the Aff, then wait typically 30 days then Notice of default / opportunity to cure, then 15 days, then the final default, ect.

It depends on the application, and time available. the TS docs do a 15 and 3

[Akira-]

Originally Posted by ndusa

I understand service for civil matters, I'm just lost here. So please understand that I don't know, and this is why I asked.

Is there a book out there that explains this in detail, from start to finish? I have read people doing this in here, and I guess I'm wanting to have the knowledge for when the next person asks me. Thanks agians for the kind reply's, this is refreshing!

no books that I know of... that's all there is to it though... you've got it

just make sure the verbage and dates, ect in the docs reflects what actually happens.

[ndusa]

Originally Posted by Akira-

That's right.. serve the Aff, then wait typically 30 days then Notice of default / opportunity to cure, then 15 days, then the final default, ect.

It depends on the application, and time available. the TS docs do a 15 and 3

Akira--Thank you again. Okay, I have the TS docs from here. Your saying, just follow that, or similar, 1-file, 2-serve, 3- file with civil court clerk as well, 4-notice of default and cure, 5-file action then in civil court.

Am I on the right path? IF i would try to help this guy, would you be open to giving a little help if needed? (just answer a question here and there by pm) If not I understand. But, am I on the right path?

[Akira-]

Originally Posted by ndusa

Akira--Thank you again. Okay, I have the TS docs from here. Your saying, just follow that, or similar, 1-file, 2-serve, 3- file with civil court clerk as well, 4-notice of default and cure, 5-file action then in civil court.

Typically the court prefers you serve all parties, before filing a copy of the served docs with the court.

We're talking TS docs? the set on the site is missing the Writ of Praecipe, but everything else is there. If you need it let me know..

On the TS docs, there is a "service paragraph" at the end of each doc. Just make sure that paragraph matches the service circumstances for that doc

1) serve the AoT to all parties, and file with the clerk,
2) serve the NoD to all parties, and file with the clerk,
3) serve the FD to all parties, and file with the clerk.

No service aff is needed as it's included in the docs themselves

then get your certified (file stamped) copies from the court clerk and register them at the county seat (registrar of deeds here) usually there is a processing time of several weeks... but if you need them for a court case, tell the clerk and they'll do them up while you wait.

Am I on the right path? IF i would try to help this guy, would you be open to giving a little help if needed? (just answer a question here and there by pm) If not I understand. But, am I on the right path?

not a problem.... you're doing fine...

bed time for me now... been up 20 hours.. lol

let me know if you need the writ of Praecipe

Akira