Power of an Affidavit

August 8, 2013

 

The beauty of the affidavit of truth is that it can be used in any private process, and you can always lean the other party if you have been damaged in some way. However, thanks to the notarization aspect of it, your affidavit can be recognized by the public (corporate) courts, so you can always bring your claim to court under the common law. You have what is called a common law claim that can be enforced by the public court system. Because what good is a private claim if you can’t get it enforced?

 

An affidavit is someone's solemn expression of truth. The foundation of the law, Commerce, and the whole legal system consists of telling the truth ("I swear to tell the truth, the whole truth, and nothing but the truth. . .") either by testimony, deposition, and/or by affidavit.

 

One of the most important aspects of an administrative process, whether it be private or public, is the Affidavit of Truth.

 

An affidavit of truth is a document that is signed and sworn under penalty of perjury. It can be used to present evidence into a court case. The affidavit itself is prima facie evidence, because there is a maxim of law that “an unrebutted affidavit stands as the truth in commerce”.

 

There are several practical uses for affidavits such as: Affidavit of Fact (which states facts of a situation), Affidavit of Identification(which can be used in place of a picture ID), and an Affidavit of Nativity(which can be used in place of a Birth Certificate).

 

When an Affidavit is flagged in Commerce it becomes a Federal Document because it could become translated into a Security (for example by being attached in support of a Commercial Lien), and not accepting and/or filing a Commercial Affidavit becomes a Federal offense.

 

An affidavit of truth can be the start of an administrative process. If you were damaged , you can make a complaint with an affidavit and if it goes unrebutted, then you have a claim that can be enforced in court.

 

Elements of what you have to have in an Affidavit of Truth..

 

----EXAMPLE F AFFIDAVIT OF TRUTH----

13 June 2014

The undersigned Affiant, John Henry of the family Doe, hereinafter “Affiant”, does solemnly swear, declare and state as follows:

1.Affiant is competent to state the matters set forth herein.

2.Affiant has knowledge of the facts stated herein.

3.All the facts herein are true, correct and complete, admissible as evidence and if called upon as a witness, Affiant will testify to their veracity.

Plain Statement of Facts

4.I swear and affirm that on X month, # day, 2014…..this happened.
5.I swear and affirm that on X month, # day, 2014…..this happened.
6.I swear and affirm that on X month, # day, 2014…..this happened.
7.I swear and affirm that on X month, # day, 2014…..this happened.
8.I swear and affirm that on X month, # day, 2014…..this happened.

Failure to respond or rebut within twenty-one (21) days shall convey your assent to, and agreement with all the facts herein.

 

IN WITNESS WHEREOF I hereunto set my hand and seal on this ___________ day of May, 2014 and hereby certify all the statements made above are true, correct and complete under the penalty of perjury in the laws of the united States of America.​

​By: _______________________________________________________
​​John Henry of the family Doe

JURAT
State of California
County of Alameda
Sworn to (or affirmed) and subscribed before me on this _______ day of ______________ 2014 by john henry of the family doe, proved to me on the basis of satisfactory evidence to be the one who appeared before me, and executed the forgoing instrument for the purpose stated therein and acknowledged that said execution was by his free act and deed.

 

_______________________________​______________________________
Notary Public’s Signature​​​​Date

 

-----END EXAMPLE----

 

-Get it notarized. The notary is an agent of the secretary of state, because the secretary of state is the agent for foreigners to do business in a foreign jurisdiction. We are foreign to the U.S. corporation, people of the land and part of the republic. So, we want our affidavit to be acknowledged (but not be in the jurisdiction of) in the U.S. corporation, so that’s why we get it notarized.

 

When referring to county and state, it is a good idea to specify “in the unincorporated county of… and unincorporated state…and without the UNITED STATES” in order to keep your affidavit outside of the corporation’s jurisdiction.

 

-You may even want to consider using the flag, to make it obvious that your affidavit is within the republic. Remember the flag on the ships meant “if you step on board my vessel, you’re under this law.” Are you giving them the correct republic flag? It should be the correct flag with the right proportions, and obviously no gold fringe around it.

 

-Include a statement specifying the affiant has first hand knowledge of the facts. On the other hand, if it is an affidavit of service for a presentment you did for someone else, it is a good idea to state that the affiant is not a party to the action.

 

-Another detail to remember about the affidavit of truth is that the signature of the affiant must be unqualified.. In other words, there should not be any “all rights reserved” or similar statements following the signature.

 

-The Affidavit of Truth should say “Jurat”, not “Acknowledgment”. There is a difference between the two. The acknowledgment is merely when the notary witnesses the signature of the affiant. Whereas the Jurat is appropriate when the affiant is affirming or certifying under penalty of perjury that the aforementioned statements are true. So, for example, an affidavit of fact and truth would have a jurat at the bottom.

 

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