Monday, May 6, 2013

Affidavit Denying a Corporation






Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT
                                                            §            
VS.                                                      §          ________________________________________                                                               §                    
____________________________   §          __________________ COUNTY, TEXAS

Affidavit Denying a Corporation

            Before me, the undersigned notary, on this day, personally appeared __________________________________, a person whose identity is known to me.  After I administered an oath to him/her, upon his/her oath, he/she said:

My name is _________________________________. I am capable of making this affidavit.  The facts stated in this affidavit are within my personal knowledge and are true and correct.
I make this affidavit because of observing that previous proceedings in court were conducted according to the procedure provided by Chapter 17A, Texas Code of Criminal Procedure, which “sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations” rather than Chapter 15.
The defendant, ______________________________, is a    man and is not a corporation or association.
Further, affiant sayeth naught.
_________________________________



Affirmed to before me a notary public this the ____________ day of _______________, 201__.


SEAL
_____________________________
Notary Public – State of Texas


My commission expires ____________________.

INSTRUCTIONS

This is used for verification, that a corporation has not been created that would allow you to be brought into a court under the assumption that you were involved in commerce and that you are representing a Corporation, which happens to be spelled the same way you spell your real name, but the name is spelled with all capitalization –
Like - JOHN D. SMITH.
Add a Certificate of Service before filing in court.
The original is filed with the court clerk, a copy to the prosecutor and a copy for you. You file it at least 10 days before the pretrial.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper and Lower Caps.
Line 7: Put your name in Upper and Lower Caps.
Line 8: Your name in all CAPITAL letters, like the way the court puts your name on their paperwork as defendant.
Line 9: Sign your name in front of a Notary and under the line Print your Name in Upper and Lower Caps, then your address under your name.

Let the notary fill out the rest.

Create at least two original documents, one to be filed in court and one to keep. Make 2 copies of the original you file in court, one copy to the prosecutor and one copy for you to have filed stamped, by the clerk of the court, for yourself. Do NOT file the instructions with the Affidavit.

1 comment:

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