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.
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.
This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant's home to a member of the household at least 14 years of age. If personal service cannot be made, then the plaintiff has the option of serving the papers by regular and certified mail.
The costs for filing a complaint in Special Civil are: $50 for a complaint where the amount claimed is $5,000 or less. $75 for a complaint where the amount claimed is more than $5,000. $5 for each additional defendant.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
Definition. A verified complaint is a sworn document in which the plaintiff tells the court the facts of the case and states what relief is sought.
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.
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.