I'm sorry to hear of your troubles.Jenjohnson84 wrote: ↑Wed Aug 15, 2018 8:50 pmHi so I've been stopped by cops put in jail by them all because of my private plates on my vehicle. And the wrecker company refuses to release my vehicle (property) to me because the cop put a hold on it until I go get those restrictions on my vehicle. I'm needing help writing a Special appearance affidavit to challenge their jurisdiction primarily for these reasons. I've been hit with charges like resisting an officer because I chose not to show him who I am a along with those restrictions , no drivers license , insurance no state plate. Public intimidation, and speeding. Can you help with the correct way of writing up that Special appearance affidavit . .. thanks would be highly appreciated .
I think you are referring to this Special Appearance Affidavit post. Please also read THIS POST to understand why this format is not an affidavit, and see proper form.
Sorry, but there is no correct way of writing a special appearance to challenge jurisdiction affidavit. You can make statements of fact in an affidavit, such as who you are, who owns your property, and where you were standing at the time of the purported kidnapping. You can make statements of fact as to what was done to you, and other first hand information that you know to be true. An affidavit is not to include a challenge or any conclusion of law. You can state your declared law (jurisdiction) as that is first hand knowledge you have. You can also include any statements you made to cop to challenge his jurisdiction at the time of arrest. Some examples:
"On (date) I asked (cops name), acting as Officer _____________, for evidence that he had jurisdiction over me or my property and he did not provide me with evidence."
"I asked (name of cop) under what authority he acted and he did not reply."
"Acting officer ____________ arrested me in spite of my repeated denial of his jurisdiction or authority over me or my property."
These are examples of statement of facts.
If you want to appear to the court specially, that is to solely challenge jurisdiction, you can first make that known when in front of the "judge". Make sure to stay on point, challenging jurisdiction, and do not address any charges against you. Some states require you to fill out a Notice of Appearance form before entering "court". The problem with the form is that it requires your address, which firmly plants you in the forum state's jurisdiction as a "resident". You could find the form required in your state online, and use its format to write your own Notice of Special Appearance, if that is the way you want to go.
However, before you challenge jurisdiction, in proper form, you should make yourself familiar with the term and understand how they claim it. Are you challenging their jurisdiction over the person (in personam) , place (territorial) and/or thing (in rem)? Are you sure they don't have it? If they say they do (they will), what is your next move?