What is an Affidavit of Complaint?

An affidavit of complaint is a legal document with the sworn statement of someone who wants to file a legal complaint. The person who is complaining is the plaintiff. He or she is the one who wants to sue the other party. The statement in an affidavit of complaint is filed when you are violated within the civil law. The complaint involves a criminal case. Some examples are when you received an oral defamation, experienced a physical injury from others, victimized by a cybercrime, wronged by concubinage, and other things which may also include homicide. An affidavit of complaint is part of the judicial process to get the justice that you deserve.

In the judicial affidavit of complaint, you will be a witness to the wrong actions that have been done to you. How important is the affidavit of complaint? Through it, you can start the case that you want to have with the person or company that has wronged you. It is your oath that everything has happened. You will explicitly explain the situation and express the severity of the bad actions that they have taken against you. Without an affidavit of complaint, people who commit misconduct can run away with what they do. But having an affidavit can make them face a case due to their misconduct.

A counter-affidavit can be made after you have submitted an affidavit of complaint. But what is important is that you have taken a step so that the person who has wronged you can pay for what he or she does to you. If many of you have been complaining to the same person or company, a joint affidavit of complaint can be written. This can be better because you can have a solid argument against the person who has wronged you. This can be needed in cases of libel or custody. It is an answer to your need to make the other party face legal consequences.

To file an affidavit of complaint, you need the assistance of law enforcement. The affidavit is the basis for the case. It gives facts and explains the nature of the case. It will be a court record that can be examined by anyone. In the affidavit, you need to state the time and date of the situation. Identify the witness who has seen the incident. Give also information about the defendant. A summons is given after the affidavit of complaint. This is to let the defendant know that you are about to sue him or her. So, if you truly want to take a case against someone, the affidavit of complaint will be the first thing that you should do.

Importance of an Affidavit of Complaint

It is hard to bring a case into court. With the help of an affidavit of complaint, you can have the first step to start a case with someone. You can document the incident that has happened. You can avoid all the problems that you have to face just to bring a case against the person. Through the affidavit of complaint, everything will be properly documented. It will be easy for you to hand out everything about the situation. You can start to bring the case into court. If complaints are filed in an affidavit, there will be something that can be used in the verdict.

As long as you can state facts and can prove that what you have written is not fabricated truth, the affidavit of complaint can truly help you. Your statement will be compared to others’ statements and that is how you can get the justice that you are asking for. So, everything has to be accurate. Your affidavit should not be questionable or you may lose your case. If you will relay false information, you can face a case of perjury. So, you have to be careful in your sworn statement.

Types of Affidavit of Complaint

An affidavit of complaint is a document that expresses that you are under oath. There are many reasons for a complaint. To be definite with your complaint, you may want to know the types of an affidavit of complaint. They are the following:

Consumer Complaint Affidavit: A consumer complaint affidavit is a complaint affidavit when we are not happy with the products and services that we have received. We are going to file a complaint to the company because maybe you received damaged products or you got physical damages from their services. If you have found any issues, you have the right to make a complaint against the company, especially if the damage is extreme. If the case is bad, you need the law to intervene with the issue. So, you can file a consumer complaint affidavit to sue the company who have wronged you.Personnel Complaint Affidavit: A personnel complaint affidavit is a complaint affidavit that has been sworn by an employee who receives some mistreatment from his or her employer. Employees may be wronged by the management and they can have an affidavit of complaint if their rights have been exploited. It is the right of the employees to complain if they are wronged within the company. If they have not been paid in time or they are been terminated wrongfully, they can file a personnel complaint affidavit. They can get the justice that they deserve through it. So, if you are an employee who has received bad management in a company, you can have the resort to making an affidavit of complaint. You can have what is rightfully yours and you will be treated the right way in your company.Criminal Complaint Affidavit: The criminal complaint affidavit is the most common type of complaint affidavit. For every complaint that we have in life against someone else, we can have this affidavit of complaint. Maybe our neighbors made a criminal offense against us. It can be that they invade our properties or we have received a physical injury from them. We can complain about the wrongdoing and start a case against them by having a criminal complaint affidavit. Many criminal offenses can happen in a day. Whatever it is, you have to speak to law enforcement and let them help you have your criminal complaint affidavit. You deserve justice. So, if you are wronged, do not hesitate to file an affidavit of complaint. It will help you to get the justice that you should have.

Tips on Affidavit of Complaint

Are you looking for an affidavit of complaint sample? Do you need it because you want to have some tips that you can use in creating your affidavit of complaint? Well, we can provide you with some tips. Consider the following practical tips as you make an affidavit of complaint:

Check the Complaint Process: In making an affidavit of complaint, you must check the complaint process. You can better make an apt complaint affidavit if you will do this. You will know how everything will work. You can have the right expectations for the case that you want to have. So, it is needed to ask law enforcement about everything on your complaint. Know the things that you should write in your affidavit. Know the details that you have to write. What are the documentation that you can include? Take the advice of law enforcement so that you can tailor an affidavit that can truly help you with the case that you want to bring.Use Templates: You can use templates to make your affidavit better. Find the best templates that you can find on the internet. Select one that best suits your purpose. Templates can help you to give an idea of the things that you can write. You can even have the rights word that you are going to say. Just remember, your affidavit should be specifically tailored for the case that you are having. It should not sound too generic. Because the affidavit should contain the personal offense, be sure that you can explain your case properly. Use the right language to relay the information needed to relay your case.Focus on the Problem: You must be great at explaining your case. Be sure that anyone who will read your affidavit can understand your situation. If possible, they should take your side. But you have to be truthful in your sworn statement. To express the true things that have happened, you must focus on the problem. Express explicitly the nature of the case. You should tell the story of the incident. You can tell a chronological of events so everyone will understand the situation. Through this, they will know that you are telling the truth. Your complaint will not be questionable in their eyes. If you can get the approval of your readers, you can possibly get the approval of the judge. You may win your case if you can explain the situation properly.Tell the Outcome You Want: In your affidavit, you must express a few things about what you want to happen. Do you want a public apology from the offender? Do you want the defendant to go to jail? You should tell the outcome that you want. This can emphasize the severity of your case. If you want a great punishment for the wrongdoing that has been done to you, then maybe the case is truly bad. You can get the side of the judge if you will be honest with what you want. Just be sure that what you are requesting is just.Expect Questions: Do not expect everyone to believe you so easily. There are always two sides to every argument. Because of this, do not be surprised if someone will question you about your complaint. Rather you should expect questions. Law enforcement has the right to question you about the incident. So you have to be prepared for all the questions that may be asked of you. This is not a problem. You just have to tell the truth. You should tell the whole story. But you should be prepared for all this. Being questioned is not easy sometimes. You may have the tension to feel the whole incident again. But be sure that you can face anyone that may have questions with your complaint.

How to Write an Affidavit of Complaint

Are you looking for an example of an affidavit of complaint? Ate you about to create an affidavit of complaint? Maybe you need some steps in creating. Well, we can offer some steps for you. Have the following:

1. Gather Documentation

Before taking an oath, it is better to know that you should provide documentation to support your statement. Maybe you have some video or pictures of the incident. Or you can take a shot of the damages that the incident has caused you. If you have documentation to show like receipts or reports, you can use it on your affidavit. You should use them as an attachment to your affidavit.

2. Send a Notice

You can send a notice to the defendant to let him or her know that you will have a complaint. If the defendant will resist and will not give what you want of him or her, you can start to draft your affidavit of complaint.

3. Have Legal Representation

You are going to file a case. You should know that you need a lawyer for this. Consult and hire a lawyer. You need the lawyer’s representation so that you can win your case. A lawyer can prove to be truly helpful. They are skilled in their profession and they can make you get the justice that you want.

4. Draft the Affidavit

After getting a lawyer, you can start drafting the content of the affidavit. It is best to consult the lawyer with everything that you should write in the affidavit. You can follow all the laws that can apply to your situation. Take a sworn statement, stating only honest things that have truly happened.

5. File the Complaint

When the draft is finished, you should check it a couple of times. Be sure that you have included everything that you want to say. When the draft is enough for you, you can file the complaint. Make the affidavit notarized to make it legal.

FAQs

How will I write my complaint?

Your affidavit of complaint must be according to the court’s rules. But you can use some tips in creating your affidavit.

Do I need to attach documentation to my complaint?

It is better that you should attach documentation to your complaint. But it is not a requirement.

If you want justice, the first step that you can take is to make an affidavit of complaint. You can raise a summons that can let the offender know that you are taking a case against him or her. Everything will go on naturally after you have taken the first step to have the affidavit. Well, do you look for a template for an affidavit of complaint? This post has 20+ SAMPLE Affidavit of Complaint in PDF | MS Word. They can help you to write your affidavit. What are you waiting for? Download now!