Legal Question in Credit and Debt Law in California
I received a complaint for money but the complaint is not signed under penalty of perjury, only signed by attorney (not plaintiff) with a "prayer" for judgment. However, attached to this complaint is an affidavit of venue which IS signed under penalty of perjury by the attorney. Does this mean that the complaint is verified? I would like to file a general denial but I was told only to do this if the complaint is not verified.
2 Answers from Attorneys
An attorney can verify a complaint in limited circumstances, but a affidavit of venue is not a verification. I would guess that the complaint is not verified, but if you want to be safe you have to show it to an attorney.
It sounds like it is not verified.
The worst that will happen if you file a general denial is that the plaintiff will file a motion to strike your answer because your answer is not verified. If that happens, you just file a verified answer at that point.
Douglas A. Crowder, Esq.
Crowder Law Center
350 S. Figueroa Street # 190
Los Angeles, CA 90071
Tel. 800-455-1592
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
