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CREATE AN AFFIDAVIT

AN AFFIDAVIT is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath. Cox v. Stern, 170 Ill. 442, 48 N.E. 906, 62 Am.St.Rep. 385; Hays v. Loomis, 84 Ill. 18.

  • Maxims of Law are the foundations of Law.
  • Maxims of Law are based on God’s Laws, therefore are fundamental and immutable, remove the foundation, and all falls [Luke 6:48]. All claims fail without foundation
  • Aunrebutted Affidavit [or sworn Declaration] becomes the judgement in Law.
  • An Affidavit must be rebutted line-by-line, in substance, by [an] Affidavit.
  • An affidavit is a court.
  • Claims made in an Affidavit, if not rebutted, emerge as the truth of the matter.
  • A court can only declare what the law i and whether consistent with the law of God, and the fundamental or constitutional law of society -The State v. Post, 20 N.J.L. 368,370 (1845)
  •  “Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.” Cooley, Const. Lim. 441.

Here are some common types of affidavits:

  1. General Affidavit: A general affidavit is a broad statement that can be used for various purposes. It typically includes the affiant’s personal details, a statement of facts, and a declaration that the information provided is true and accurate to the best of their knowledge.

  2. Affidavit of Identity: This type of affidavit is used to verify a person’s identity. It may be required in situations such as applying for official documents, opening a bank account, or dealing with legal matters.

  3. Affidavit of Residence: This affidavit attests to a person’s current address or residence. It may be required for purposes like obtaining a driver’s license or enrolling in school.

  4. Affidavit of Support: Often used in immigration matters, this affidavit is a promise to provide financial support to someone, such as a family member, who is seeking entry into a country.

  5. Affidavit of Name Change: When an individual legally changes their name, they may need to submit an affidavit confirming the change. This is often part of the process for updating identification documents.

  6. Affidavit of Small Estate: When someone passes away, and their estate is relatively small, an affidavit of small estate may be used to facilitate the transfer of assets without going through a full probate process.

  7. Affidavit of Service: This affidavit is used to confirm that legal documents, such as court papers or notices, have been properly served to the parties involved.

  8. Affidavit of Marriage: Sometimes required for immigration or other legal matters, this affidavit verifies the marital status of an individual and may include details about the marriage.

  9. Affidavit of Loss: When important documents or items are lost, an affidavit of loss may be required to attest to the circumstances of the loss.

  10. Affidavit of No Income: In situations where an individual has little or no income, this affidavit may be used to declare their financial status.

It’s important to note that the specific requirements and formats of affidavits may vary based on jurisdiction and the purpose for which they are being used. In legal matters, it’s advisable to consult with a legal professional to ensure compliance with local laws and regulations.

Affidavit Process: Detailed Step-by-Step Guide

Step 1: Draft the Affidavit

  • Prepare an Affidavit that details your claim, ensuring all facts are accurate and concise.
  • Address the Affidavit to the public officer whose actions you believe are unconstitutional and harmful.

Step 2: Get the Affidavit Notarized

  • Visit a notary public to have your Affidavit notarized. Bring a valid form of identification, such as a driver’s license or passport.
  • Sign the Affidavit in front of the notary, who will then apply their official seal, confirming the document is signed under oath.

Step 3: Make Copies

  • After notarization, make at least two copies of the Affidavit.
    • Retain the original notarized Affidavit for your records.
    • The copy will be sent to the intended recipient(s).

Step 4: Serve the Affidavit

  • Mail the copied Affidavit to the public officer via certified mail with return receipt requested or via registered mail.
    • This ensures proof of delivery and provides you with a return receipt as evidence that the officer received the Affidavit.
  • Keep the original return receipt with your records.

 

Step 5: Notify Supervisory Authorities

  • Send copies of the original Affidavit to the supervisors and oversight personnel of the officer, attaching the original Affidavit.
  • Use certified or registered mail to send these as well, retaining proof of mailing and delivery.

Step 6: File an Affidavit of Complaint

  • Draft an Affidavit of Complaint against the officer and their supervisors if no rebuttals are received.
  • File this complaint with the local County Sheriff, District Attorney, State Attorney General, and U.S. Attorney for your state. Again, use certified or registered mail and keep copies of all documents and receipts.

Step 7: Demand Accountability

  • If these law enforcement entities fail to act, send them an additional Affidavit stating their failure to uphold their oaths.
  • Send this Affidavit via certified or registered mail, retaining the return receipt for your records.

Step 8: Legal Recourse

  • If there is still no response or action, you may take the matter to civil court. Present the unrebutted Affidavits as evidence, supported by your records of certified or registered mail receipts.

Objective:

  • The goal of this process is to hold public officials accountable, remove them from office if they violate the Constitution, and ensure that your grievances are addressed. If the system fails, pursuing a civil lawsuit may be necessary.

Key Points to Remember:

  • Notarization confirms the legal standing of your Affidavit.
  • Always keep the original notarized Affidavit and send only copies.
  • Certified or registered mail provides proof of delivery and should be used for all communications.
  • Persistence, accuracy, and legal diligence are crucial throughout this process.

Basic Affidavit Template

This is a basic Affidavit template in the style consistent with our notices.

Affidavit Templates To Address Public Servants

School Masking Affidavit

This template originates from Affidavit Mommas. Affiant demands that the School Board and all district employees cease and desist immediately from any policies that mandate forced mask wearing, social distancing, covid testing and/or experimental vaccination proof as condition for free and equal participation in education, or as means to discriminate against or segregate children

Citizen Affidavit for Errant Officers

This template originates from Jack and Margy Flynn. American Citizens can take lawful action against any oath takers or public officers, based upon the un-Constitutional actions that these errant public officers have committed against Citizens and how the Citizens were harmed by those actions.

Affidavit Templates To Address Corporations and Individuals

Corporate Affidavit

Here is Jack and Margy's Corporate Affidavit. This template can be used in for corporations or individuals after you have sent them a notice.

Here is an example of an Affidavit against the B.A.R. Association.

Affidavit of Obligation

and International Commercial Lien Against the American B.A.R. Association & International B.A.R. Association

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