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 at 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).
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..
-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.
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?
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Related topics: Affidavit Right to Travel; sovereignty