An Affidavit of Claim is essential in Malaysian legal proceedings when a party needs to formally establish and verify a claim against another party. This document is commonly used in debt recovery, commercial disputes, and various civil proceedings. The affidavit must be drafted in accordance with Malaysian law, particularly the Oaths and Affirmations Act 1949 and the Rules of Court 2012. It contains crucial information including the deponent's details, the nature and amount of the claim, supporting facts, and relevant documentation. The document must be sworn or affirmed before a Commissioner for Oaths to be valid. An Affidavit of Claim serves as a formal record of the claim and can be used as evidence in court proceedings, making it a critical document in the legal process.
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1. Title and Heading: Identifies the court, parties involved, and nature of the document
2. Deponent Information: States the name, NRIC/passport number, occupation, and address of the person making the affidavit
3. Basis of Knowledge: Establishes the deponent's authority or position to make the claim and their relationship to the matter
4. Nature of Claim: Clearly states what is being claimed and the basic facts giving rise to the claim
5. Chronology of Events: Presents a clear timeline of relevant events leading to the claim
6. Details of Claim Amount: Specifies the exact amount claimed and how it was calculated
7. Previous Demands: Documents previous attempts to resolve the matter
8. Verification Statement: Standard declaration that the contents are true and accurate
9. Jurat: Commissioner for Oaths' attestation including date, time, and place of swearing
1. Interest Calculation: Required when claiming interest on the principal amount
2. Third Party Instructions: Needed when acting on behalf of another party or company
3. Corporate Authority: Required when the deponent is signing on behalf of a company
4. Language Declaration: Required when the deponent needs interpretation services
5. Urgency Statement: Used when requesting expedited processing of the claim
1. Exhibit A - Proof of Debt: Documents evidencing the debt such as invoices, contracts, or agreements
2. Exhibit B - Communication Records: Copies of relevant correspondence, demands, and responses
3. Exhibit C - Payment History: Records of any partial payments or payment attempts
4. Exhibit D - Supporting Documents: Additional documentation supporting the claim such as delivery orders, receipts
5. Exhibit E - Corporate Documents: Company registration documents and authorization letters if applicable
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