An Affidavit of Claim is a fundamental legal document in Austrian civil proceedings, used when one party needs to formally establish and verify a claim against another. This sworn statement must be prepared in accordance with Austrian legal requirements, particularly the ABGB (Austrian Civil Code) and Notariatsordnung (Notary Act). The document is typically used in debt collection, contract disputes, insurance claims, or any situation where a formal declaration of claim is required. The Affidavit of Claim must be executed before a notary public and includes detailed information about the parties involved, the nature and amount of the claim, supporting evidence, and a formal declaration of truth. It serves as strong evidence in legal proceedings and can be crucial for establishing the validity of a claim in Austrian courts.
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1. Identification of Affiant: Full legal name, address, and other identifying information of the person making the affidavit
2. Competency Declaration: Statement confirming the affiant is of legal age and sound mind to make the declaration
3. Basis of Knowledge: Explanation of how the affiant has direct knowledge of the facts stated in the affidavit
4. Statement of Facts: Detailed chronological account of the events or circumstances giving rise to the claim
5. Claim Details: Specific details of the claim including amounts, dates, and nature of the debt or obligation
6. Verification of Outstanding Amount: Confirmation of the current amount claimed, including any interest or additional charges
7. Prior Attempts at Collection: Description of previous attempts to collect the debt or resolve the matter
8. Truth Declaration: Formal declaration that all statements are true and accurate to the best of the affiant's knowledge
9. Notarization Block: Space for notary's official stamp, signature, and statutory declarations under Austrian law
1. Assignment of Claim: Required when the claim has been assigned from original creditor to current claimant
2. Interest Calculation: Needed when claiming interest on the outstanding amount, showing calculation method and periods
3. Corporate Authority: Required when affiant is signing on behalf of a corporation, establishing their authority to act
4. Language Certification: Required when the affiant is not fluent in German, certifying that the content has been translated
5. Bankruptcy Declaration: Statement regarding any known bankruptcy proceedings affecting the claim
1. Original Contract: Copy of the original agreement or document giving rise to the claim
2. Statement of Account: Detailed accounting of the claim amount, including credits and debits
3. Correspondence Log: Record of all relevant communications regarding the claim
4. Supporting Documents: Any additional evidence supporting the claim (invoices, delivery notes, etc.)
5. Identity Documents: Copies of affiant's identification documents as required by Austrian law
6. Power of Attorney: If applicable, documentation showing authority to act on behalf of another party
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