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
PREMIUM
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
Michael Bersani
PREMIUM
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
Michael Bersani
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.