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Affidavit Of Repossession Template for South Africa

A formal sworn statement used in South Africa that documents the legal repossession of an asset following default under a credit agreement. The affidavit details the circumstances of the repossession, including the original credit agreement, nature of default, and the repossession process. It must comply with South African law, particularly the National Credit Act 34 of 2005, and needs to be sworn before a Commissioner of Oaths. This document serves as an official record of the repossession and may be used in subsequent legal proceedings if necessary.

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What is a Affidavit Of Repossession?

An Affidavit of Repossession is a critical legal document used in South African credit enforcement proceedings when a credit provider needs to formally document the repossession of an asset following payment default. The document is required to comply with the National Credit Act 34 of 2005 and must be executed before a Commissioner of Oaths. It contains detailed information about the credit agreement, the circumstances of default, the repossession process, and the current status of the repossessed asset. This affidavit serves multiple purposes: it provides a legal record of the repossession, protects the credit provider's interests, ensures compliance with legal requirements, and can be used as evidence in court if the repossession is challenged.

What sections should be included in a Affidavit Of Repossession?

1. Deponent Details: Full name, ID number, occupation and authority of the person making the affidavit

2. Credit Agreement Details: Information about the original credit agreement, including date, parties involved, and the asset financed

3. Asset Description: Detailed description of the repossessed asset including make, model, serial number, registration number (if applicable)

4. Default Statement: Details of the default, including payment history, breach notifications, and amount in arrears

5. Repossession Process: Step-by-step account of how and when the repossession was carried out

6. Current Status: Current location and condition of the repossessed asset

7. Oath/Verification: Standard declaration that the contents are true and correct, with commissioner of oaths certification

What sections are optional to include in a Affidavit Of Repossession?

1. Force Used: Required if any force was necessary to gain access to the asset, detailing the circumstances and justification

2. Third Party Claims: Required if any third parties claimed rights to the asset during repossession

3. Police Involvement: Required if law enforcement was present or involved in the repossession process

4. Property Damage: Required if any damage occurred during the repossession process

5. Personal Effects: Required if personal effects were found in/with the repossessed asset

What schedules should be included in a Affidavit Of Repossession?

1. Annexure A - Credit Agreement: Copy of the original credit agreement

2. Annexure B - Default Notices: Copies of all notices sent regarding default and intended repossession

3. Annexure C - Photographic Evidence: Photographs of the asset at the time of repossession

4. Annexure D - Condition Report: Detailed report on the condition of the asset at time of repossession

5. Annexure E - Authorization: Documentation proving the deponent's authority to act on behalf of the credit provider

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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