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In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.
Oftentimes a party responding to a divorce complaint with an answer will file a counterclaim as well. The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.
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.
claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.
If you are not able (or do not want) to settle the counterclaim, you do not need to file anything with the court if you have been served with a counterclaim. You simply attend the scheduled court date to defend yourself. The date and time of the mediation or hearing should be stated on the counterclaim you received.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
If you are prepared to file your answer, you may file it without a counterclaim, and later, after speaking with an attorney, add a counterclaim. However, be aware that some counterclaims may not be added later and that you may lose your right to add a counterclaim if you do not include it in your Answer.