Delanson, NY asked in Personal Injury and Car Accidents for New York

Q: Do I need to be 18 to create my own affidavit?

I got into a motor vehicle accident and received money in a trust. The judge said that if i needed money for a car when it was time to go to college to go back and he would grant me money. But i need an affidavit and can't afford a lawyer so i am doing it on my own. Do i need to be 18 or can i do it on my own?

3 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: You may create your own but as an affidavit it must be signed before a Notary.

Judge may set a hearing date.

Michael Bersani
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Answered
  • Personal Injury Lawyer
  • Auburn, NY
  • Licensed in New York

A: You can "create an affidavit" when you are under 18, but you can't be a party to a lawsuit, or settle your own claim, unless you are 18. If you are under 18, you will need a parent or guardian to be the party for you (for your benefit) and your parent or guardian will have to apply, with the help of a lawyer, to Surogate's Court for permission to settle your case.

Michael Bersani
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Answered
  • Personal Injury Lawyer
  • Auburn, NY
  • Licensed in New York

A: You can "create an affidavit" when you are under 18, but you can't be a party to a lawsuit, or settle your own claim, unless you are 18. If you are under 18, you will need a parent or guardian to be the party for you (for your benefit) and your parent or guardian will have to apply, with the help of a lawyer, to Surrogate's Court for permission to settle your case. And of course all "affidavits" must be notarized or they are not "affidavits" at all.

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