The Louisiana Affidavit of Identity and Distinction (La. R.S. 9:5501.1) is a legal document that must be completed and signed by an individual who is applying for a Louisiana driver's license, identification card, or a certificate of vehicle registration. This document is required to verify the identity of the individual and to distinguish them from other individuals with the same or similar names. There are two types of Louisiana Affidavit of Identity and Distinction (La. R.S. 9:5501.1). The first type is the Standard Affidavit of Identity and Distinction, which is used for most individuals applying for a Louisiana driver's license, identification card, or a certificate of vehicle registration. The second type is the Enhanced Affidavit of Identity and Distinction, which is used for individuals who have been issued a Louisiana driver's license, identification card, or a certificate of vehicle registration in the past. This form requires additional information such as proof of birth, proof of citizenship, and proof of identity.
Louisiana Affidavit of Identity and Distinction (La. R.S. 9:5501.1)
Description
Key Concepts & Definitions
Affidavit of Identity and Distinction (LA R.S. 9): This legal document is used in Louisiana to distinguish one individual from another who might have a similar or identical name, especially pertinent in legal matters where identity clarity is crucial. It includes specific details verifying the affiant's identity and asserting their distinctiveness from others with similar names.
Step-by-Step Guide
- Find a Lawyer: Consult with an attorney experienced with Louisiana laws about drafting an affidavit. Services like Justia Connect can be useful in finding qualified legal assistance.
- Prepare the Affidavit: Your lawyer will draft the affidavit of identity and distinction clarifying your identity as per the specifics of Louisiana Rev Stat 9.
- Verification: You must verify your identity through personal identification documents or possibly fingerprints.
- Clerk Court Filing: The completed affidavit must be submitted to a clerk of court in Louisiana, where it becomes part of public record.
- Using the Affidavit: Once processed, this document can be used by judgment creditors to distinguish you from any other individuals in the execution of judgments.
Risk Analysis
Submitting an affidavit of identity and distinction carries various risks including privacy concerns as your identification details become part of public records, and the possibility of legal discrepancies if not properly executed. Always ensure accuracy and compliance with state requirements to mitigate potential legal challenges.
Common Mistakes & How to Avoid Them
- Incorrect Information: Always double-check the information you enter in your affidavit to avoid legal complications.
- Non-compliance with State Laws: Ensure that the affidavit meets all the legal requirements under Louisiana laws to avoid invalidation.
- Failing to Consult a Lawyer: Legal language can be complex. Always seek a lawyer's advice to avoid common pitfalls when working with legal documents.
FAQ
What is universal citation? Universal citation refers to a standardized method of citing legal materials, such as statutes and cases, regardless of source.
How to get free legal advice for drafting an affidavit? Look for legal aid societies in Louisiana or websites offering free consultations like Justia Connect. Additionally, entering your email on certain legal advice sites might provide initial free guidance.
How to fill out Louisiana Affidavit Of Identity And Distinction (La. R.S. 9:5501.1)?
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FAQ
Louisiana Code of Evidence Article 803 lays out the exceptions to the hearsay rule regardless of the declarant's availability: Present sense impression - ?a statement describing an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.?
The Louisiana Code of Evidence is a code of evidence law, enacted by section 1 of Act 515 of 1988, under Louisiana Civil Law. The Code became effective on January 1, 1989, and governs proceedings in the courts of Louisiana to the extent and with the exceptions stated in Article 1101 of the Code.
Evidence of the arrest, indictment, or prosecution of a witness is not admissible for the purpose of attacking his credibility.
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
(a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
When a promissory note paraphed for identification with a mortgage or act creating a vendor's privilege on immovable property has been lost or destroyed, the maker of such note or any other interested party may prove its payment by presentation of the sworn affidavit of the obligee of record of the mortgage or vendor's
For purposes of this Part, an affidavit means an oath or affirmation signed by the affiant before a notary public, or before a deputy registrar of voters or two residents of the parish who sign as witnesses to the registrant's signature.
(1) A person who has been convicted of a felony shall not be entitled to petition for a change of name under the provisions of this Section until his sentence has been satisfied. This Subsection shall apply whether the offender is actually imprisoned or on probation or parole.