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 New York In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000265
Format:
Word;
Rich Text
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FAQ
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.
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.
Verification of complaints is largely optional under the CPLR. There are some statutes, however, that require a verified complaint in certain circumstances. See New York Statute Search; see also Overview – Initiating a Special Proceeding.
In certain circumstances, the complaint must be verified, which means signed in a certain format under oath, before a notary. CPLR 3020.
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. This tactic forces the defendant to immediately make statements about the allegations under oath.
A summons with notice is a short form that simply establishes that a suit is started and the gist of what happened. A complaint, is a particularized statement of the alleged facts to give rise to a right for relief.
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 you were served with a Summons With Notice, then you must file a written response called a “Notice of Appearance and Demand for Complaint.” Essentially, you are telling your spouse's lawyer that you will want to request your own relief in this divorce action and that you want to see the Verified Complaint.
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.