The Affidavit of Debt is a fundamental document in Irish debt collection proceedings, used when a creditor needs to formally establish the existence and details of a debt obligation in legal proceedings. This sworn statement must comply with Irish legal requirements, including the Rules of the Superior Courts and the Commissioners for Oaths (Ireland) Act. The document is typically used in court proceedings, debt enforcement actions, or when seeking judgment against a debtor. It contains detailed information about the debt's origin, payment history, current balance, and interest calculations, all verified under oath by an authorized representative. The Affidavit of Debt must be properly executed before a Commissioner for Oaths or Notary Public and may be used in various courts depending on the debt amount and jurisdiction.
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1. Affiant Information: Identifies the person making the affidavit, their role, and authority to make the statement (e.g., creditor representative, account manager)
2. Debtor Information: Full legal name and address of the debtor, and any relevant account or reference numbers
3. Debt Origin: Details of how the debt originated, including the original credit agreement date and terms
4. Current Debt Status: Current balance, including principal, interest, and any fees, with breakdown of amounts
5. Payment History: Summary of payments made and missed payments, including relevant dates
6. Default Details: Information about when and how the default occurred, including date of last payment
7. Interest Calculation: Explanation of how interest has been calculated and applied to the debt
8. Verification Statement: Statement confirming the affiant has personally reviewed the records and verified the information
9. Jurat: Formal closing statement including date, location, and notary/commissioner for oaths details
1. Assignment History: Required if the debt has been assigned or transferred from original creditor
2. Previous Collection Attempts: Include if there have been prior attempts to collect the debt
3. Bankruptcy Disclaimer: Required if there are any known bankruptcy proceedings
4. Cross-Border Elements: Include if the debt involves parties or transactions across different jurisdictions
5. Consumer Credit Act Compliance: Required for consumer debts falling under Consumer Credit Act regulations
6. Statute of Limitations Statement: Include if the debt is approaching limitation period or there are limitation issues
1. Schedule A - Account Statements: Copies of relevant account statements showing debt history
2. Schedule B - Original Agreement: Copy of the original credit agreement or contract
3. Schedule C - Payment Records: Detailed log of all payments received and their application
4. Schedule D - Interest Calculations: Detailed calculations showing how interest has been applied
5. Schedule E - Correspondence Log: Summary of relevant correspondence with the debtor
6. Appendix 1 - Supporting Documents: Any additional documents supporting the debt claim
7. Appendix 2 - Authority Documentation: Documents proving the affiant's authority to make the statement
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