What is the response to a counterclaim?

What is the response to a counterclaim?

An answer to a counterclaim is a written response by a Plaintiff to a Defendant’s counterclaim. The answer to counterclaim must also state defenses to each of the Defendant’s counterclaims in short, plain statements.

Is a complaint in a divorce action required to be verified in New York?

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Where a complaint or counterclaim in an action for divorce or separation charges adultery, the answer or reply thereto may be made without verifying it, except that an answer containing a counterclaim must be verified as to that counterclaim. All other pleadings in a matrimonial action shall be verified.

What is a verified answer to complaint?

n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. If the complaint is verified as under penalty of perjury, the answer must be also. There is a fairly steep filing fee for each defendant filing an answer.

What is the difference between a verified and unverified complaint?

A Complaint may be “verified”, which means the factual allegations are made under penalty of perjury, or the Complaint may be unverified. In such cases, the attorneys representing the parties must take care not to allege facts that cannot be established by competent evidence. However, most Complaints are not verified.

What is the purpose of a verified complaint?

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.

What is verified answer?

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When any user gives an elaborated and good answer ( the answer can be understood by anyone), then moderators, verify that answers. That means, any user can read that and the answer is error free.

What is a verified claim?

Verified claim means a claim which the claimant has signed and sworn to be accurate before a person authorized to administer oaths.

What is a forfeiture complaint?

The party who seized the property will file a complaint in the circuit court seeking forfeiture of the property. This means the government is asking the court to keep the property once it has seized it.

What is a forfeiture claim?

TO CONTEST THE FORFEITURE OF THE PROPERTY IN UNITED STATES DISTRICT COURT YOU MUST FILE A CLAIM. Failure to file a claim may result in the seized property being forfeited to the United States. To file a claim: A claim must be filed with the agency that gave notice of the seizure and intent to forfeit.

What is the difference between seizure and forfeiture?

Seizure is the physical taking of property based on law enforcement’s belief that the property is associated with a crime. Forfeiture litigation is about whether title to property—already seized and in law enforcement’s physical possession—should be permanently transferred from the property owner to the government.

What does seizure and forfeiture mean?

Seizure is the act of taking property. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture. In our example, the seizure takes place when Officer Potts takes the money from Steve.

What is a petition for remission?

Petition means a petition for remission or mitigation of forfeiture under the regulations in this part. This definition includes a petition for restoration of the proceeds of sale of forfeited property and a petition for the value of forfeited property placed into official use.

What is remission or mitigation of forfeiture?

Remission and mitigation are administrative remedies for recovering property that has been legally forfeited pursuant to either an administrative or a judicial proceeding.

Is a forfeiture a crime?

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

Can police seize your cash?

Police can seize not only cash from cars but real estate such as a person’s home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner’s awareness.

What are the two types of asset forfeiture?

United States. There are two types of forfeiture (confiscation) cases, criminal and civil.

What can asset forfeiture money be used for?

The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal. The Fund may also be used to finance certain general investigative expenses.

What is the asset forfeiture unit?

The mission of the unit is to enforce compliance with the laws of the United States by using criminal and civil forfeiture, and money laundering charges, to disrupt and deter criminal activity, to dismantle criminal enterprises, and to deprive criminals and criminal organizations of illegal proceeds and …