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.
Answer
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.
Answer
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
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