Verified Complaint Form Sample With Answer In King
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Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
SECTION 446 When the complaint is verified, the answer shall be verified.
If a complaint is not verified you can answer with a general denial pursuant to Code of Civil Procedure § 431.30(b) and generally deny all of the allegations of the complaint. However you should also be sure to include specific affirmative defenses that are tailored to the individual case.
Extend an apology for any factors that may have led to their frustration or inconvenience. Demonstrate empathy and a genuine understanding of their perspective. Take responsibility and offer to rectify the situation. Propose a solution or outline your forthcoming actions.
Unverified responses are “tantamount to no responses at all,” and a motion to compel responses may be filed where responses are not verified and contain no objections. (Appleton v. Superior Court, (1988) 206 Cal. App. 3d 632, 635-636.)
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.
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.
Techsalerator recommends the following tips for responding to an unjustified complaint: 1) Acknowledge the customer's concern, 2) Be empathetic and understanding, 3) Explain the situation and provide evidence, 4) Offer a solution or compensation, and 5) Follow up to ensure satisfaction.
You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
What Should Be in My Complaint? Name of the judge, court commissioner or referee. Court in which the judicial officer serves. Case type, name, and number, if the conduct involves a case, and your relationship to the case. Date or dates on which the conduct occurred.
