Not An Affidavit - Signature Alone is Not Evidence That One Was Under Oath

Sep 29, 2026

A Florida appeals decision reverses a perjury conviction tied to a signed “Waiver of Lien” document, holding that the handwritten signature alone did not establish the affiant swore under oath. The notary public testified she did not administer a verbal oath or question the declarant, limiting her role to affixing her seal, signature, and stamp. The court emphasized that an affidavit requires a knowingly attested statement under an administered oath.

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Not An Affidavit

Signature Alone is Not Evidence That One Was Under Oath

Indiana Notary Convicted of Falsely Attesting Affidavit Of Man Dead for Five Months

Insurance Coverage Now Available to Family Members

A Florida court has held that a man'ssignature on an affidavit is not evidencethat he was under oath where the No-tary Public testified that she neitheradministered a verbal oath nor askedhim if he swore to the statements inthe affidavit. Harold Youngker,Sr.,a buildingcontractor in Brevard County,was con-victed of perjury for making an affidavitwhich contained false statements to theeffect that all subcontractors and ma-terialmen had been paid for work doneon certain real property.The afidavitwas contained in a document entitled“Waiver of Lien”which Youngkersigned in the presence of Hilda R.Mc-Collum,a Notary Public. # Not An Affidavit Youngker attacked the judgment ofthe trial court on the ground that thewaiver of lien was not an“affidavit”because it was not made under oath. The District Court of Appeal,FourthDistrict,said that an affidavit is a state-ment in writing under an oath adminis-tered by a duly authorized person.Thecourt went on to say that an oath maybe undertaken by any unequivocal actin the presence of an officer authorizedto administer oaths by which the de-clarant knowingly attests the truth of astatement and assumes the obligationof an oath. The evidence revealed that the No-tary Public before whom the waiver oflien was signed identified the document,her signature,and that of Youngker.She testified,however,that her onlyact with respect to the document wasthe affixing of her seal,signature andstamp. In reversing the conviction,the courtsaid that in the absence of some verbalact by the notary or Youngker,themere signing of the waiver of lien byYoungker was not competent substan-tial evidence that he knowingly attested (continued on p.4) Signature Alone isNot Evidence ThatOne Was Under Oath The # American NotarV Indiana Notary Convicted ofFalsely Attesting AffidavitOf Man Dead for Five Months ## Insurance CoverageNow Available toFamily Members Wives and husbands of ASN mem-bers as well as their children can now beinsured under the ASN Hospital MoneyPlan. Over 200 members enrolled in thebasic plan when it was offered last sum-mer.At that time a number ofmembersrequested that the plan be extended toinclude family members. Eligible dependents under the ex-panded plan now include a member'sspouse under age 60 and unmarrieddependent children over 14 days andunder 21 years of age(25 if in college).The amount of dependent coverage isthe same as under the basic plan,either$15 or $20 per day. A new application for dependentcoverage has been printed.The sameapplication can be used by a memberwho is applying for coverage for him-self.Applications can be obtained bywriting to Insurance Department,American Society of Notaries,1629KSt.,N.W,Washington,D.C.20006. Life Plan Studied The Board of Directors is studying aproposal for a group term life insurancepolicy for members of ASN.The policywould provide for coverage of either $5,000 or $10,000 for members and $2,500 for a member's spouse and $1,000 for each child.The dependentcoverage will be optional. The Charter Enrollment period is ex-pected to start sometime in March. The Supreme Court of Indiana has upheld the conviction of Eugene Johnson,aNotary Public,for falsely attesting an affidavitThe case recalls the ordeal of MaryNoble,another Indiana notary,whose trial was reported in the April,1967 issue ofTHE AMERICAN NOTARY. Johnson notarized an application forabsent voter's ballot which was pur-portedly signed by one Floyd Mitchellof Gary,Indiana. The notarization read: “Subseribed and sworn to beforeme this 1 day of May,1964. ls/Eugene Johnson” At the trial a relative testified thatFloyd Mitchell died on November 23,1963,which meant that Mitchell,withwhom Johnson was personally ac-quainted,had been dead for more thanfive months when Johnson notarizedthe ballot. Johnson asked the Supreme Court ofIndiana to reverse his conviction on theground that there was not sufficientevidence of criminal intent.He reliedon the court's d

FAQs

Why was the Florida perjury conviction reversed?

Because signing the “Waiver of Lien” did not constitute competent evidence that the defendant knowingly attested under oath, as the notary did not administer or request a verbal oath.

What did the District Court of Appeal say an affidavit requires?

An affidavit is a written statement under an oath administered by a duly authorized person, where the declarant knowingly attests the truth and assumes the obligation of the oath.

What happened in the Indiana case involving Eugene Johnson?

The Supreme Court of Indiana upheld Johnson’s conviction for falsely attesting an affidavit in an absent voter ballot application, since the signer had died months earlier.

Sep 29, 2026

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