This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
New York Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0188
Format:
Word;
Rich Text
Instant download
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How to fill out Answer And Defenses To Amended Complaint?
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FAQ
Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.
Also, your written answer must be ?verified,? which means you are saying everything in the answer is true. In order to verify the answer, you must sign it in front of a notary public or the court clerk. You can also assert a counterclaim against the plaintiff if you think the creditor owes you money.
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.
Service of such an answer or reply shall be made within twenty days after service of the amended or supplemental pleading to which it responds.
The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have ?grounds? in order to get divorced.
Depending on the jurisdiction, verifications are either made under oath or in the presence of a notary public or similarly authorized person. Verifications are traditionally attached to the end of all pleadings that are required to be sworn. Also called affidavit of verification.
In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.