HOW TO RECOGNIZE LEGAL FICTIONS BEFORE THEY TRAP YOU

By: Joel Stephen Mattson

The court doesn’t come at you directly. It creates a character—a legal fiction—then waits for you to step into it. Once you do, you’ve agreed to their rules, their procedures, and their punishment.

But that character isn’t you. It’s a construct, a NAME IN ALL CAPS, a trust account, a statutory entity created without your knowledge. And unless you call it out and separate yourself from it, they’ll use it to claim authority they don’t have.

This article breaks down how legal fictions work, how to recognize them instantly, and how to rebut their use in your case before they trap you.

What is a legal fiction?

A legal fiction is a false identity created by the legal system to represent you in commerce. It includes:

  • Your ALL CAPS name (e.g., “JOHN DOE”)
  • A “person” defined by statute (not a living man or woman)
  • A legal entity that exists only on paper
  • A vehicle for assigning liability, obligations, and penalties

The fiction is not bound by constitutional rights. And that’s the trap: once you accept being the fiction, you’ve stepped out of your protections.

How legal fictions are used against you

The government and courts use legal fictions to:

  • Assign liability to contracts you never signed
  • Enforce statutes that don’t apply to living people
  • Bypass constitutional protections
  • Create joinder to administrative courts
  • Presume jurisdiction without proving it

It’s how they convert men and women into revenue-generating entities, without consent and without lawful process—unless you object.

Clues that a legal fiction is being used

You’ll know the fiction is in play when:

  • Your name appears in ALL CAPS
  • You’re referred to as a “person,” not a man or woman
  • The court won’t address your affidavit of status
  • You’re being charged under statutes, not common law
  • The judge or officer avoids using the word “living”
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They never speak to you directly. They speak to the construct—because that’s all they have authority over.

Supreme Court rulings that support your status

  • Hale v. Henkel, 201 U.S. 43 (1906): A man is not a corporation and cannot be treated as one.
  • Boyd v. United States, 116 U.S. 616 (1886): Constitutional protections apply to the individual, not the legal fiction.
  • Brady v. United States, 397 U.S. 742 (1970): Waiver of rights must be knowing and voluntary—not presumed.
  • U.S. v. Minker, 350 U.S. 179 (1956): Identity must be proven for jurisdiction to apply.

Once you raise the issue of status, the burden shifts to them. And most of the time, they can’t prove anything.

How to rebut the legal fiction in your case

  1. File an Affidavit of Status: State you are a living man or woman, not a legal fiction
  2. Deny joinder to the NAME and all-cap identity
  3. Reject presumptions of citizenship, contracts, and obligations
  4. Reserve all rights under UCC 1-308
  5. Require proof of lawful authority for any action taken
  6. Object to all administrative procedure based on fiction or assumption
  7. Demand correction of the record to reflect your true status

The moment you do this, they must either prove you agreed—or back down.

How Joel Stephen Mattson used this strategy

When the system tried to treat me as the NAME listed on their documents, I objected. I filed affidavits denying joinder, challenged jurisdiction, and demanded proof of any lawful contract that bound me to their rules.

They never produced anything—because the NAME is a fiction. I’m not. And once the record reflected that, everything they did became actionable.

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It wasn’t a defense. It was a counterattack.

What others have done to win their case

Thousands of pro se litigants have used this strategy to:

  • Block charges based on statutory identity
  • Collapse administrative proceedings
  • Expose fraud in family, traffic, and tax courts
  • Demand jurisdictional proof
  • Remove themselves from unlawful contracts

Once you know the game, you stop playing by their rules—and force them to prove everything.

How to apply this in your own case

  1. Read your name on court filings—check if it’s in ALL CAPS
  2. File a sworn Affidavit of Status immediately
  3. Deny you are the NAME or the statutory person
  4. Demand clarification from the court: “Are you addressing me or the NAME?”
  5. Challenge jurisdiction based on identity fraud
  6. Preserve all filings and responses as exhibits
  7. Use their silence or missteps as evidence in future claims

This simple move exposes the entire scam. It changes the ground you’re standing on—and they can’t follow you there.

Related Articles

Master the legal fiction defense with these articles:

Final thoughts

The NAME is a costume. The legal fiction is a puppet. You don’t have to play the part. And once you stop, their control falls apart fast.

Because the truth is: they’re only winning because you don’t fight back on paper.

Make the record yours.

And let their own filings take them down.

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Next Article in the Series: How the Government Creates Legal Fictions to Replace the People
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