This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.
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.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
(c) An answer to the claim shall be filed with the court or orally presented to the judge or clerk of the court within 30 days after service of the statement of claim on the defendant to avoid a default.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
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.
Filing an answer After receiving the summons, the defendant should respond to the plaintiff's claims. The response is called the answer. The answer is a legal document that is filed with the clerk of the court. In it, the defendant admits or denies the allegations made in the complaint.
The defendant has 30 days, in most cases, to give the court a written or oral answer to the claim. If the defendant fails to answer within this time, the plaintiff can ask the judge for a default judgment.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.