Form 40 - Affidavit Stay of Enforcement

Sample affidavit – stay of enforcement This is a sample. It is important to complete this form with your own details and based on your own circumstances. If you need more help, get legal advice. Form 40 (version 5) UCPR 35.1 1 AFFIDAVIT OF FIONA FRAME – 13 February 20xx COURT DETAILS

Court Local Court Division Small Claims Division Registry Blacktown Case number SC20xx/766 TITLE OF PROCEEDINGS

Plaintiff Meena Vishwana Defendant Fiona Frame trading as Fantastic Florists FILING DETAILS

Filed for Fiona Frame trading as Fantastic Florists, defendant Contact name and telephone Fiona Frame 02 2334 4556 Contact email [email protected]

Sample only. This is not legal advice. 2 Sample affidavit – stay of enforcement This is a sample. It is important to complete this form with your own details and based on your own circumstances. If you need more help get legal advice. [on separate page] AFFIDAVIT

Name Fiona Frame Address Shop 7, Blacktown Mall 108 Black Street Blacktown NSW 2148 Occupation Florist Date 13 February 20xx I affirm:

2 I am the judgment debtor.

3 On 8 February 20xx the Sheriff attended my home with a Writ for the Levy of Property and gave me a notice with a list of my furniture and appliances that will be taken and sold in 14 days.

4 Today I applied for a credit union loan to pay the judgment debt. The credit union loan centre told me that it will take 7 days to approve the loan, and a further 7 days for the loan money to be deposited into my account. An email from the credit union loan centre is attached and marked "A".

AFFIRMED at Blacktown Signature of deponent Fiona Frame Name of witness Bob Brown Address of witness 6 Green Street, Blacktown NSW 2148 Capacity of witness Solicitor And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent): 1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable] #I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.1

2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable] #I have confirmed the deponent’s identity using the following identification document:

Identification document relied on (may be original or certified copy)2 Signature of witness Bob Brown Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

1[ The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).] 2[ "Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011 or refer to the guidelines in the NSW Department of Attorney General and Justice's "Justices of the Peace Handbook" section 2.3 "Witnessing an affidavit" at the following address: http://www.jp.nsw.gov.au/Documents/jp%20handbook%202014.pdf ] Sample only. This is not legal advice. 3 Sample affidavit – stay of enforcement This is a sample. It is important to complete this form with your own details and based on your own circumstances. If you need more help get legal advice.

Sample only. This is not legal advice.