A name affidavit is a written statement made under oath to establish an alias as a legal identity. It can be used in business transactions to prove identity and is signed in the presence of a court official. False statements can result in perjury charges.
A name affidavit is a written statement made under oath by a person who wishes to establish an alias as a legal identity. This type of affidavit is used to ensure that the person signing the document may be known by another name but their identity is certain. False statements made through affidavits can be punished by law as if a person had lied on the witness stand.
Affidavits are legal tools used to allow a party or witness to record facts as evidence without necessarily having to go to court and testify. A person who has direct knowledge of relevant facts commits them in writing. The document is then signed, typically under oath and in the presence of a court official, such as a notary. An affidavit signed under oath has the same force and effect as statements made by a witness in court. As a result, the petitioner may be charged with perjury, as can any witness for making false statements.
While an affidavit of name can be prepared as an auxiliary document to a court case, it can also be used in ordinary business matters to provide evidence on which a party to the transaction intends to rely. In this case, the affidavit is only filed in court if there is a dispute involving the transaction. The affidavit would be used to prove that the party who signed the document swore that they knew the facts stated or that some facts were true. A court typically prohibits the petitioner from claiming different facts during the trial.
A name affidavit is typically used to establish the facts in a business transaction. Many people have reason to use a pseudonym or alias instead of their legal name. Some people are known by a nickname. Others use a pseudonym or stage name for business purposes. Still others assume a new version of their name once they marry, and inconsistent versions of the person’s name persist in the public domain.
In order to assure a party to a business transaction that a person is, in fact, the same person referred to by a different name, an affidavit is used. The person with multiple names makes a written statement in the first person indicating her legal name and that she is the person also known by the alias in question. This affidavit is signed under oath and before a court official. Once signed, the other party to the transactions may rely on statements made regarding the person’s identity to complete the transaction.
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