What Is A Confirmatory Affidavit & Why Is It Important?
When you enter debt review you will eventually be asked to sign a confirmatory affidavit and have it commissioned.
If you don’t get this document commissioned and sent back to your attorneys your entire debt review will fall apart.
But what is this affidavit and why is it so important?
What Is It?
A confirmatory affidavit is a legal document that confirms the authenticity of a statement or fact made by an individual. They are used in many legal matters.
In a debt review matter, the confirmatory affidavit says (or confirms) that you:
- Did ask the Debt Counsellor for help through debt review (you want to be in debt review), and
- Agree with the debt restructuring proposal (the repayment plan) that has been created for you, and
- Agree with the things the Debt Counsellor has said about your matter (like info about your budget and why you are having challenges) and the plan.
This document will be added to the court documents that are submitted on your behalf.
Why Is It Important?
If this document is not there on the day the matter is heard, the Magistrate or Judge will not want to grant your court order.
The courts do not want to accidentally put someone under debt review who does not actually want to sort out their debts.
They also want to make things as easy for people as possible. This is why they ask for this form instead of asking you to travel to court and sit there for hours waiting to tell them in person.
If the court matter is heard and the affidavit is missing, the magistrate can throw the matter out of court and this can cause a lot of trouble. Some of your credit providers might think you do not actually want to go through with the debt review, and will start new legal action against you to collect their money.
This is why you need to get the affidavit (1) signed and (2) commissioned and returned to your attorneys ASAP!!!!