Rule 1.962.Affidavit of identity
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.962
Plain-English Summary
Before the clerk enters a personal judgment, Rule 1.962 requires the creditor, or the creditor's agent or attorney, to file an affidavit stating the judgment debtor's full name, occupation, and residence, to the affiant's information and belief. When the debtor's residence is in an incorporated place of more than 5,000 population, the affidavit must also give the street number of the debtor's residence and business address, if any.
That extra detail helps identify the right person for enforcement purposes and distinguishes debtors who share a common name, which matters more in larger communities where a bare name and city are not enough to pin someone down. The rule also builds in some forgiveness: a judgment entered or recorded without this affidavit is not for that reason invalid.
Frequently Asked Questions
What must the identity affidavit include?
The judgment debtor's full name, occupation, and residence, stated to the affiant's information and belief.
When do I need to include a street address in the affidavit?
When the debtor's residence is in an incorporated place with a population over 5,000, the affidavit must also include the street number of the debtor's residence and business address, if any.
Who can file this affidavit?
The creditor, or the creditor's agent or attorney.
What happens if a personal judgment is entered without this affidavit having been filed?
Rule 1.962 states that a judgment entered or recorded without the affidavit is not invalid for that reason.
Why require the affidavit at all if skipping it does not undo the judgment?
It helps correctly identify the judgment debtor for the record and later enforcement, without making the affidavit a jurisdictional requirement for the judgment itself.