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.
Verified Complaint Form For Florida In Collin
Category:
State:
Multi-State
County:
Collin
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
Verified complaints are required for certain causes of action. It is good practice for the attorney to have the complaint verified in order to insulate the attorney from improper or untrue allegations by his or her client. See Hillsborough County – 13th Circuit Court SmartRules™ procedural guide: MOTION FOR SANCTIONS.
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.
When the complaint is verified, the answer shall be verified.
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.
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.
A complaint is considered verified if, in the complaint, the plaintiff swears under penalty of perjury that everything is true and correct. Sometimes the verification will be separate from the complaint; other times it will be included at the end of the Complaint itself.
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.
SECTION 446 When the complaint is verified, the answer shall be verified.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.