Illinois Affidavit as to Statement of Facts using Alternative

State:
Multi-State
Control #:
US-00598BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This form is an affidavit in which the affiant is swearing to facts using alternative allegations as to a person’s intent to defraud creditors.

How to fill out Affidavit As To Statement Of Facts Using Alternative?

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FAQ

Te general affidavit form An affidavit is simply a written statement of facts that the person making the statement, commonly known as the affiant, has sworn to be true. The main thing that sets the affidavit apart from other statements or declarations is that it is notarized.

2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.

Write your affidavit using the first person. In other words, use ?I? statements (e.g., ?I am the President of XYZ, Inc.?). The sections of your affidavit should continue the numbering that began with the first two introductory sentences. Your early paragraphs should provide background information about you.

If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.

2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.

Practitioners need to also remember that if a party files an affirmative answer, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. 735 ILCS 5/2-602.

Section 2-619.1 of the Illinois Code of Civil Procedure authorizes the filing of one pleading incorporating motions to dismiss under sections 2-615 and 2-619. 735 ILCS 5/2-619.1. "A combined motion, however, shall be in parts.

?2-615 Motions to Dismiss Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. For example, a cause of action for a civil assault requires the plaintiff to plead the following elements: An intentional act. Directed toward the plaintiff.

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Illinois Affidavit as to Statement of Facts using Alternative