By: Joel Stephen Mattson

One of the most powerful tools in your legal arsenal is also the most overlooked: the affidavit. While most people beg for mercy, file motions, or hire overpriced attorneys, those who know how to use sworn affidavits of truth can destroy a fraudulent case before it ever gets to trial.

Here’s how.

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What Is an Affidavit?

An affidavit is a:

• Sworn statement of fact
• Signed under penalty of perjury
• Admissible as evidence unless rebutted

Under the law, unrebutted affidavits stand as truth in commerce and truth in law. If the opposing party fails to respond or rebut your affidavit point by point, it becomes the operative facts of the case.

Courts operate on paper. And the affidavit is the most lethal document you can put on the record.

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Why Affidavits Work Against Fraud

Fraudulent cases rely on:

• Assumed facts
• Presumed consent
• Legal fictions

Affidavits destroy those presumptions by:

• Establishing truth on the record
• Forcing the other party to respond under penalty of perjury
• Creating unrebutted facts that courts must recognize

(Read: Why Most Court Cases Are Fraudulent from the Start)

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What to Include in Your Affidavit

Your affidavit should:

1. Assert Your Identity Clearly
   • “I, [Your Name], am a living man/woman domiciled in the [State] of the Republic…”
2. Deny Jurisdiction Point-By-Point
   • “I do not consent to administrative jurisdiction…”
   • “No contract exists between me and the court or opposing party…”
3. State the Harm or Fraud
   • “The court has failed to disclose its Article I nature…”
   • “No proof of jurisdiction has been provided…”
4. Invoke Authority
   • Article III, Section 2, Clause 1
   • 28 U.S.C. §636
   • Clearfield Doctrine
5. Declare Remedy
   • “I demand immediate dismissal due to lack of jurisdiction, failure to rebut affidavit, and violation of due process.”
6. Swear It
   • “I swear under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.”

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How to File It

1. Notarize It – Have it signed and sealed by a commissioned notary
2. File It – Submit to the clerk of court as part of your case record
3. Serve It – Deliver copies to all parties (judge, DA, clerk, etc.)
4. Keep Certified Copies – Always get proof of filing and service

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What Happens If It’s Not Rebutted?

If the other party does not:

• Refute each claim under oath
• Submit a counter-affidavit
• Provide evidence contradicting your facts

…then your affidavit stands as fact. And courts must either:

• Dismiss the case, or
• Proceed under due process violations, which you can later appeal or move to vacate

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Bonus Tactic: Use Multiple Affidavits

• File your own affidavit of truth
• Include eyewitness affidavits if available
• Include affidavit of service to prove delivery

Every unrebutted affidavit compounds pressure on the court and record.

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Final Word: Silence Is Their Weakness

The court system relies on people staying silent, submitting, or fighting improperly. But when you hit them with notarized truth on the record, you flip the burden.

Now they have to prove their authority.

Now they must answer point-by-point.

And when they can’t—you win.

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Next Article in the Series: Final Blow: How to Move for Dismissal When Jurisdiction Has Not Been Proven

Back to Consent Trap Series Overview: Consent Trap Landing Page