The affiant made a point to state that they "certify under the penalty of perjury under the laws of the state of CA that the foregoing is true and correct IF the debtor referenced in the affidavit is a CA resident.". Why would the affiant have to single out one particular state in their affidavit when they should be held under the penalty of perjury under the laws of whichever state they're attesting in,...or am I way off? Does the "penalty of perjury" statement invalidate the affidavit in the state of CT since the certification is exclusive to CA? If it is invalid, can you point me in the direction of the statutes/rules/law that support your answer? Thank you.
I assume that the affidavit was signed in the State of Cal. and so the certification referenced those laws. I don't see that those words would invalidate the affidavit in any other state. This is a statement under oath and will be treated as such. By the way, this does not seem to be an issue of criminal law. It sounds like a bankruptcy proceeding.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
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