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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.
CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.
The counterclaim is made to offset the liability against the claim of the claimant or an independent claim of a person with related interests or obligations.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). Two cars collide.
Failing to respond to a complaint usually results in the court awarding a default judgment to the plaintiff. It can be challenging to convince the court to set aside a default judgment, and a judgment can have a significant impact on your financial stability.
A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed.
The Defence to Counterclaim The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.