Verified Complaint Form With Answer In Oakland
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FAQ
When the complaint is verified, the answer shall be verified.
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.
SECTION 446 When the complaint is verified, the answer shall be verified.
Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.
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.
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that: The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
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.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.
You would respond to the court with a general denial of all of the allegations regarding you owing the debt and the actual amount of the debt. What you do is copy the heading on the top of the complaint and then under that you title your document Answer.
