Affidavits and Declarations

TOOLS OF THE TRADE

Video Length: 1:55

This course is designed to help members start to draft their own declarations and affidavits when needed, and at the very least, to understand how they’re drafted. They’re not very hard to draft, but we have to understand what it is they’re actually doing, or what we’re actually doing in this document.

Declarations and affidavits are merely statements of fact and truth that rebut presumptions. So in other words, if we were to receive a letter from the state saying, “We got a complaint, someone said you’re doing XYZ,” we can immediately return a letter with an affidavit attached, or a declaration in it, to declare the facts and pretty much clarify any presumptions or remove any presumptions so that the facts stand. And the only way that that affidavit or declaration can be overcome is by someone else who is going to affirm or swear - we don’t swear, you’ll see that in the lessons, an affirmation is just as powerful as swearing - so someone would have to swear or affirm against the facts that we have. And typically no one in the state will ever do that when the facts are stated clearly and they’re the truth.

FURTHER READING:

Affidavits and Declarations are similar and may be used in different jurisdictions. This course is focused on the basic elements of each which are similar with one caveat: only one needs a notary. This is the easiest document to write for anyone as there is no prescribed way to write it, other than basic writing ability, yet they are a most powerful tool in our toolbox.

These are great documents for beginners to practice their writing, defense and claim skills. As long as three basic elements are in the documents, one can't go wrong. Review the lessons in this course to learn the three elements and how to write affidavits and declarations.