Affidavits

So you've conditionally accepted their offer, they have refused or dishonoured your presentment, and try to leave you in the dirt? It is common, however you can keep the documents they send you, and use their dirt in support of your affidavit.

An affidavit is a document containing true, complete, certain of the facts, and not misleading information. If you lie, expect certain trouble, even jail.

How it works:
1. Conditionally accept their offer
1a. Send notice of default / private settlement agreement
2. Prepare an affidavit, and certified copies of your supporting documentation (eg. their refusal to settle, or even a court order - which may be phoney orders if not backed by substance!)
3. Acquire a registered mail envelope and use the registration number on the envelope to record on the affidavit.
4. Scan the envelope into your computer, and keep the tear off receipt that came with the envelope.
5. Sign your affidavit in the presence of a Justice of the Peace witness (free of cost) or notary (more powerful, but they charge $60 - $80)
6. Go to the post office and buy a delivery confirmation card for your registered envelope.
7. Post your documents away!

How to write the affidavit:
An affidavit states the facts only.
Usually you have not seen or been presented with any material fact or evidence showing that.............. and believe sincerely that none exists.
Remove what is not applicable to you, and add what is applicable to you.

Note those two highlighted in bold type, especially the word "believe". This type of phrasing states the true facts, and leaves them the room they are entitled to rebut the affidavit - which they won't if they've given you so much grief so far.

Sample affidavit:
Copy and paste in to your word processor for editing. Take note of the document formatting and alignment - you are the sovereign being - the right hand.

Meanings of some of the terminology used in this sample I received:
The JP may be a bit confused and ask you what certain parts mean.
FIAT JUSTITIA, RUAT COELUM (let right be done, though the heavens should fall)
"As good as AVAL" - good as gold, guaranteed, true.....
Only in the capacity as beneficiary of the Original Jurisdiction - Trust law

"Land mass known as...." - or in the corporation known as <land mass>?

 

John-Doe: Smith
In the care of 777 Smith Road,
Smithville State [near 1234],
on the land mass known as Australia


Smithville district/county           )                       Asseveration

Australia                                  )
                                               ) L.S. ______________________________

                                               )       only in the capacity as beneficiary of the original jurisdiction

FIAT JUSTITIA, RUAT COELUM
Let Right Be Done, Though The Heavens Should Fall
I, : Andrew-James: (Gardiner), in my correct and proper public capacity as a beneficiary to the original jurisdiction, being of majority in age, competent to testify, a self realised free man upon the land, my yes be yes, my no be no, do state that the truths and facts herein are of first hand first-hand-personal-knowledge, as true, correct, complete, certain, not misleading, so help me God.
AFFIDAVIT and SUPPORTING DOCUMENTATION in SUPPORT OF NOTICE OF DEMAND

1. I am of legal age and competent to testify

2. I have first hand knowledge of the facts stated herein

3. I have not seen or been presented with any material fact or evidence supporting the claim: “claim”, and believe sincerely that none exists

4. I have not seen or been presented with any material fact or evidence that shows that all conditions required to enforce the contract and make it binding, were met by (a) full & complete disclosure, (b) equal consideration, (c) lawful terms & conditions; and (d) signature of the parties, and believe sincerely that none exists

Attachments:

  1. Certified copy of threatening document 1 making demands without affidavit and supporting documentation as demanded
  2. Certified copy of enforcement threatening document 2 without affidavit and supporting documentation in accordance by requirement of letter of conditional acceptance
  3. Certified copy of enforcement threatening document 3 without affidavit and supporting documentation, presented by third party

Exhibits:

  1. Copy of correspondence previously waiving penalty
  2. Copies of other correspondence

Upon receipt of this affidavit and affidavit not being rebutted with material facts or evidence, I demand that the court records be updated to accurately reflect the facts stated. Furthermore, I demand that the records of third party office, be updated to accurately reflect the facts stated.

 

As Good As AVAL_______________________________________________________
I, commonly known as John-Doe: Smith, Only in the capacity as beneficiary of the
                             Original Jurisdiction. Third party Intervener and aggrieved party.                    

 

Sworn on this day,                                                                                                        

 

before me - Justice of the Peace witness: