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+--- Thread: affidavit (/Thread-affidavit)
affidavit - Hueloip - 01-05-2020
quick question, i never do it anyway but is it ok to sign affidavits when doing things such as DNA refunds.
they are legally binding whats the worse that can happen if you do sign it. i always see people saying dont sign if legally binding but what could happen if you do..
thanks
RE: affidavit - mothered - 01-06-2020
You've probably realized that I always suggest not to sign an affidavit, namely for the fact that It "can" be used as evidence against you. As such, criminal charges will be laid.
That's not to say that It "will" be used In a court of law, but the possibility exists- should the company decide to pursue the claim legally. Whether they do, Is not possible to say, as each SE Is assessed on a case-by-case basis.
RE: affidavit - C8Stingray - 01-06-2020
On the topic of legally binding documents, I recall reading that police reports are not admissible in court is that true as well in the US? @mothered So basically if a company is requesting a police report for a DNA you can safely make one and not worry about it being held against you. I was surprised by this so I wanted to clarify if that is the case or not. Thanks!
RE: affidavit - mothered - 01-06-2020
(01-06-2020, 06:36 AM)C8Stingray Wrote: On the topic of legally binding documents, I recall reading that police reports are not admissible in court is that true as well in the US? @mothered So basically if a company is requesting a police report for a DNA you can safely make one and not worry about it being held against you. I was surprised by this so I wanted to clarify if that is the case or not. Thanks!
The legal system Is complex, and differs from one location to another.
Generally speaking, a police report Is Inadmissible In court on the grounds that "you do not have knowledge of the asserted fact". Simply put, In the case of the DNA method, you're signing the report based on the fact that you have "no knowledge that the package was delivered".
RE: affidavit - Defeat - 01-06-2020
(01-06-2020, 08:27 AM)mothered Wrote:I've heard it's extremely rare for a police department to ever chase a falsified report which is a crime in itself (regardless of the crime) even if they know it is. I assume due to the limited resources of most DPs(01-06-2020, 06:36 AM)C8Stingray Wrote: On the topic of legally binding documents, I recall reading that police reports are not admissible in court is that true as well in the US? @mothered So basically if a company is requesting a police report for a DNA you can safely make one and not worry about it being held against you. I was surprised by this so I wanted to clarify if that is the case or not. Thanks!
The legal system Is complex, and differs from one location to another.
Generally speaking, a police report Is Inadmissible In court on the grounds that "you do not have knowledge of the asserted fact". Simply put, In the case of the DNA method, you're signing the report based on the fact that you have "no knowledge that the package was delivered".
RE: affidavit - mothered - 01-07-2020
(01-06-2020, 09:11 PM)Strait McCool Wrote:(01-06-2020, 08:27 AM)mothered Wrote:I've heard it's extremely rare for a police department to ever chase a falsified report which is a crime in itself (regardless of the crime) even if they know it is. I assume due to the limited resources of most DPs(01-06-2020, 06:36 AM)C8Stingray Wrote: On the topic of legally binding documents, I recall reading that police reports are not admissible in court is that true as well in the US? @mothered So basically if a company is requesting a police report for a DNA you can safely make one and not worry about it being held against you. I was surprised by this so I wanted to clarify if that is the case or not. Thanks!
The legal system Is complex, and differs from one location to another.
Generally speaking, a police report Is Inadmissible In court on the grounds that "you do not have knowledge of the asserted fact". Simply put, In the case of the DNA method, you're signing the report based on the fact that you have "no knowledge that the package was delivered".
It's probably not a commonality, but there have been cases where the police have laid charges (on high value Items) for falsifying a report.
The risk Is simply not worth It.