, by and through Counsel, and Files This Hisher Complaint Form
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People also ask
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Is verification of answer to complaint mandatory in NY?
Generally, if the complaint has been sworn to (verified), then the answer must be verified as well. See CPLR 3020. In any event, the answer must be signed by defendant's attorney or by defendant if self-represented.
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What complaints need to be verified in New York?
Where the complaint alleges fraud or intent to hinder, delay or defraud creditors, either directly or indirectly, the answer must be verified. CPLR § 3020(b)(1); Smart Code. Likewise, in an action against a corporation to recover damages for non-payment or other evidence of a debt, the answer must be verified.
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What is the name of the document that must be filed in response to a complaint?
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served.
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Does a divorce complaint need to be verified in NY?
New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint.
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What is the answer to a complaint that is made by the defendant called?
The Answer. The defendant's response to a complaint is called the answer. The answer contains the defendant's version of the events leading to the lawsuit and may be based on the contents of the complaint. The filing of the answer is one option that the defendant has in deciding how to respond to the complaint.
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Do federal complaints have to be verified?
In many jurisdictions, a complaint does not need to be verified unless a rule or statute specifically states otherwise. For example, under Federal Rule of Civil Procedure 23.1, the complaint in a shareholder derivative action must be verified (see Practice Note, Shareholder Derivative Litigation: Overview).
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What makes a complaint verified?
A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.
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How long do you have to respond to a complaint in NY?
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
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