Download Scrivener's Affidavit Form

When filling out the Scrivener's Affidavit form, attention to detail is crucial. Below are some important dos and don'ts to keep in mind.

• Do read the instructions carefully before starting to fill out the form.
• Do ensure all required fields are completed accurately.
• Do use clear and legible handwriting or type the information if possible.
• Do double-check your spelling, especially names and addresses.
• Do sign the affidavit in the presence of a notary public.

• Don't leave any sections blank unless specifically instructed to do so.
• Don't use abbreviations that may cause confusion.
• Don't forget to date the affidavit after signing.
• Don't provide false information; accuracy is essential.
• Don't submit the affidavit without reviewing it for errors.

What is a Scrivener's Affidavit?

A Scrivener's Affidavit is a legal document used to clarify or correct a mistake in a previously executed legal document. This affidavit typically involves a statement from the scrivener, or the person who prepared the document, confirming the intent behind the original document and explaining any discrepancies. It helps ensure that the true intentions of the parties involved are accurately reflected in the public record.

When should I use a Scrivener's Affidavit?

You should consider using a Scrivener's Affidavit when you discover errors in a legal document, such as a deed, contract, or other official papers. Common mistakes include typographical errors, incorrect names, or misstatements of facts. By filing this affidavit, you can clarify the original intent and avoid potential disputes in the future.

Who can prepare a Scrivener's Affidavit?

Typically, the person who prepared the original document, often referred to as the scrivener, is the one who can create the affidavit. However, it can also be prepared by an attorney or another qualified individual who understands the legal implications of the errors and can articulate the intended meaning clearly.

What information is included in a Scrivener's Affidavit?

A Scrivener's Affidavit generally includes the following information: a clear description of the document being corrected, the specific errors that need clarification, the correct information, and a statement affirming the original intent of the parties involved. It may also require the signature of the scrivener and possibly witnesses or a notary public, depending on state requirements.

Is a Scrivener's Affidavit legally binding?

Yes, a Scrivener's Affidavit can be legally binding, provided it is executed correctly and filed in accordance with state laws. Once filed, it serves to clarify the original document and can be used in legal proceedings if disputes arise regarding the intent or content of the original document.

How do I file a Scrivener's Affidavit?

Filing a Scrivener's Affidavit typically involves preparing the document in accordance with your state’s requirements and then submitting it to the appropriate government office, such as the county clerk or recorder’s office. Be sure to check local rules regarding filing fees and any necessary accompanying documents.

Can a Scrivener's Affidavit be challenged?

Yes, a Scrivener's Affidavit can be challenged, especially if the opposing party believes that the affidavit does not accurately reflect the original intent or contains false information. In such cases, the matter may be taken to court, where a judge will determine the validity of the affidavit and the original document.

Are there any costs associated with preparing a Scrivener's Affidavit?

There may be costs associated with preparing a Scrivener's Affidavit, depending on whether you hire a professional or do it yourself. If you choose to work with an attorney or a legal document preparer, you will incur their fees. Additionally, filing fees may apply when you submit the affidavit to the appropriate government office.