View Full Version : What are the benefits of serving affadavits?
alternative_answer
06-08-2009, 09:26 AM
What are the benefits of serving the affadavits that John speaks about in his talks? I see there are template letters for this, he also says near the end of his talk in June that it no longer needs to be notarised and can be witnessed and signed by 3 people who know you. Can people expand on this please.
yozhik
06-08-2009, 09:40 AM
What are the benefits of serving the affadavits that John speaks about in his talks? I see there are template letters for this, he also says near the end of his talk in June that it no longer needs to be notarised and can be witnessed and signed by 3 people who know you. Can people expand on this please.
Maxims of Law
An unrebutted affidavit stands as truth in commerce.
See 1 Pet. 1:25; Heb. 6:13-15.
An unrebutted affidavit becomes a judgment in commerce.
See Heb. 6:16-17.
alternative_answer
06-08-2009, 11:24 AM
Maxims of Law
An unrebutted affidavit stands as truth in commerce.
See 1 Pet. 1:25; Heb. 6:13-15.
An unrebutted affidavit becomes a judgment in commerce.
See Heb. 6:16-17.
Yozhik; can you expand on the above please as I am not familiar with this.
merlincove
06-08-2009, 01:33 PM
i think, in other words, that once an affadavit is served, provided it remains your truth, it becomes absolute and undeniable truth, ie law, in commerse unless it is argued / rebutted.
in his affadavit john denounces anyone having juristiction / power over him ~ John served his affadavit on the queen, declaring that no one is more powerful than he, and that he is no more powerfull than anyone else. As such he is in effect declaring that the law makers of this land have no juristiction on him.
But any affadavit that goes unrebutted holds as much sway as law in commerse and can not be argued - of course if your affadavit is tralking bollix then it won't hold any water.
yozhik
06-08-2009, 04:17 PM
If you provide an affidavit of truth (notarised, sworn) and it remains unchallenged or unrebutted, then in commerce (law) the affifavit is taken as truth/evidence.
The only defence to an affidavit is a point-by-point rebuttal.
Now, if the affidavit of truth is given and left unrebutted, and is followed by a Notice of fault and remedy which is also ignored, then the third serving of the affidavit (Notice of default) if unrebutted then leads to the affidavit becoming the judgement (a.k.a estoppal by acquiescence).
It's essentially the same process as Notice, reminder, default.
Three strikes and you're out.
Using an affidavit of truth is, in simple terms, a more recognisable and "solid" premise.
So an unrebutted affidavit becomes the truth in commerce. (evidence)
An unrebutted affidavit (third serving, i.e. dishonoured) becomes the judgement in commerce. (estoppal by acquiescence)
Hope that makes sense.
This is simply my comprehension of it, anyway.
If I'm wrong or misinformed; please correct me.
burnttoast
06-08-2009, 04:21 PM
i think, in other words, that once an affadavit is served, provided it remains your truth, it becomes absolute and undeniable truth, ie law, in commerse unless it is argued / rebutted.
in his affadavit john denounces anyone having juristiction / power over him ~ John served his affadavit on the queen, declaring that no one is more powerful than he, and that he is no more powerfull than anyone else. As such he is in effect declaring that the law makers of this land have no juristiction on him.
But any affadavit that goes unrebutted holds as much sway as law in commerse and can not be argued - of course if your affadavit is tralking bollix then it won't hold any water.
Just to add to merlincoves' great description and to address the OP's question on a commerce platform....and affidavit used in proper administrative procedure can also be used in bonding situations where by the other party which brought initial liability forward can be held accountable to charges and counterclaims which when administered lawfully can bag the affiant of the affidavit some debt notes in processes of counterclaim and damages.....this tool can be extremely powerful when excersised properly...everything in the public is contract...everything.