An Affidavit of Repossession is a critical legal document used in Australian jurisdictions when a creditor needs to formally document the lawful repossession of property following a payment default or breach of financing terms. This sworn statement must comply with federal legislation such as the Personal Property Securities Act 2009 (Cth) and relevant state laws. The document is typically used by financial institutions, creditors, and their authorized agents to provide a detailed account of the repossession process, including the property's description, the circumstances of repossession, and confirmation of legal authority. The Affidavit of Repossession serves multiple purposes: it provides evidence for legal proceedings, satisfies regulatory requirements, and creates an official record of the repossession event. It must be sworn or affirmed before an authorized witness such as a Justice of the Peace or Commissioner for Declarations.
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1. Affiant Information: Identifies the person making the affidavit, including their full name, occupation, and business address
2. Authority Statement: Establishes the affiant's authority to conduct the repossession (e.g., licensed recovery agent, representative of financial institution)
3. Property Details: Specific details of the repossessed property including make, model, serial number/VIN, and any identifying features
4. Loan Information: Details of the underlying loan agreement, including loan number, date, and defaulted amount
5. Repossession Details: Chronological account of the repossession including date, time, location, and manner of repossession
6. Property Condition: Description of the property's condition at the time of repossession, including any damage or missing components
7. Statutory Declaration: Formal declaration that the information provided is true and correct, made under penalty of perjury
1. Personal Effects: List and disposition of any personal effects found in/with the repossessed property - include when personal items were found
2. Third Party Claims: Details of any third-party claims or interests in the property - include when there are known third-party interests
3. Police Report Reference: Reference to police reports or law enforcement involvement - include when police were involved in the repossession
4. Witness Statement: Statements from witnesses to the repossession - include when witnesses were present
5. Storage Location: Details of where the property is being stored - include when property is being held in storage
1. Photographs: Dated photographs of the property at the time of repossession
2. Inventory List: Detailed inventory of the property and any accompanying items
3. Default Notices: Copies of default notices and demands sent to the debtor
4. Chain of Custody: Documentation showing the movement and handling of the property since repossession
5. Property Condition Report: Detailed report documenting the condition of the property with photographs and notes
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Financial Services
Automotive
Asset Finance
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Debt Collection
Banking
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Asset Management
Transportation
Equipment Leasing
Relevant Teams
Legal
Collections
Credit Risk
Asset Recovery
Compliance
Operations
Documentation
Security Enforcement
Loan Administration
Risk Management
Relevant Roles
Collections Manager
Repossession Agent
Credit Manager
Legal Compliance Officer
Asset Recovery Specialist
Finance Manager
Credit Risk Officer
Legal Officer
Collections Officer
Loan Administrator
Security Enforcement Officer
Recovery Operations Manager
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