An Affidavit of Default is a crucial legal document used in England and Wales when one party needs to formally document another party's failure to meet their contractual obligations. This sworn statement details the circumstances of the default, includes supporting evidence, and must be properly executed before an authorized official. The document is commonly used in legal proceedings, loan enforcement, and contract disputes. It serves as prima facie evidence of the default and is often required before taking further legal action. The Affidavit of Default must comply with strict formal requirements under English law and typically includes exhibits or schedules providing supporting documentation.
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1. Title and Court Information: Court details, case number, and parties involved
2. Deponent Information: Full name, address, and occupation of person making the affidavit
3. Statement of Truth: Formal declaration that the contents are true
4. Background of Agreement: Details of the original agreement that is subject to default
5. Default Description: Specific details of the default and when it occurred
6. Notice Requirements: Confirmation that required notices were given
7. Execution Block: Signature section with notary/commissioner details
1. Demand History: History of demands made, used when multiple attempts to remedy default have been made
2. Calculation of Amounts: Detailed breakdown of amounts owed, when default involves monetary obligations
3. Witness Statements: Additional witness confirmations, used when third-party verification is needed
1. Original Agreement: Copy of the agreement in default
2. Notice Communications: Copies of all default notices and communications
3. Payment Records: Documentation of payment history or breach evidence
4. Supporting Documents: Any additional evidence supporting the default claim
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