There is a distinction between a criminal case and a civil case. However, both of them carries civil liability. When we say criminal case, it involves an act of causing harm to the state and an offended person. Most cases in civil action, it is already incorporated with criminal action. The offended party will make reservations on the act of filing a civil action under certain circumstances such as no proof of damage twice for the same cause. There are also some instances wherein civil action will be taken will be taken against entities who haven’t committed a crime but their negligence violated another person’s rights. It my have caused harm to the person or to their property. In this article, you will be able to know more about affidavit of complaints.
10+ Affidavit of Complaint Samples
1. Affidavit of Service of Complaint Template
2. Affidavit of No Complaint Template
3. Personal Complaint of Affidavit Template
4. Affidavit of Criminal Complaint
5. Affidavit of Citizen Complaint
6. Sample Affidavit of Complaint
7. Motorist Services Affidavit of Complaint
8. Standard Affidavit of Complaint
9. Judgement Affidavit of Complaint
10. Affidavit of Claims Complaint
11. Editable Affidavit of Complaint
What is an Affidavit of Complaint?
An affidavit of complaint is a type of sworn statement that is prepared by someone who wants to file a legal complaint. These statements are filed whenever a certain individual wants to file suit against someone who have committed a violation of civil law. They can be someone who is involved in a criminal case. When the identified victim files a formal complaint, it should be with an assistance of a law enforcement. The affidavit of complaint will be the basis. You just have to make sure that you provide information about the matter that shows an outline of the nature of the case.
The document is a part of the court records. This can be inspected and reviewed by someone who is assigned with the records.In an affidavit of complaint, the complainant should tell factual information about the situation or the occurrence. He or she should provide more detailed information about the matter. Everything will be recorded and noted including the date and time of the incident. The document should contain a description of what happened and how did it happened. The witnesses should also be indicated in the document in which it should have a detailed discussion with regards of the action taken by the law enforcement.
Information about the defendant should also be provided. A person who is trying to bring an affidavit of complaint to the court with an intention of filing a civil suit, they should be alerting the defendant with the use of a summons form to let him or her know that a complaint has already been filed.Those people who have experienced crimes are encouraged to file an affidavit of complaint. They should ask the law enforcement to make a follow up on the crime and have it pursued in the court. The document should be reviewed by investigators as they would determine if the case they are handling is strong enough to take to the court.
What happens if you lie on an affidavit?
Lying on an affidavit will cause you legal ramifications. It is considered as a crime, so you can be arrested and detained. Aside from that, you are required to pay a certain amount of money that is associated with such lie.
How long is an affidavit valid for?
Affidavits are valid for 12 months or 1 year from the date signed.
Can you write an affidavit yourself?
Affidavits are legal documents. There is a right procedure in writing an affidavit. This can be completed by any person provided that it will be signed or notarized before considering it valid.
When you prepare for an affidavit of complaint, people may use a form that is generated by the court or in a law enforcement agency. The document itself should be reviewed thoroughly before having it signed. If the information turns out to be incorrect, amendment is filed in order to correct it. You may consider checking out some affidavit of complaint samples and templates in the article.
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