Verified Complaint Form Document With Answer In California
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FAQ
The common practice is to NOT verify the complaint, unless a specific statute requires that the complaint be verified. The reason is because a verified complaint can be used against the plaintiff, just like any other declaration, as binding evidence in the case.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.
If the answer is not verified, the allegations of the complaint are deemed admitted and the plaintiff can move for judgment on the pleadings or move to strike the answer and take judgment by default.
When the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of the state, or of any county thereof, city, school district, district, public agency, or public corporation, in his or her official capacity is plaintiff, the complaint need not be verified; and if ...
Verified Answer Every paragraph of the complaint must be answered, and a verification must be included in the response. When you verify a pleading, you are stating that, under penalty of perjury, you are stating the truth.
Verified answers must admit or deny each and every paragraph of the complaint, and must also contain a verification signed by the defendant or defendants stating that they have read the answer and everything contained therein is true and correct to the best of their knowledge.
Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct. (CCP § 2031.250). Failure to include this verification has the same effect as not responding at all.
