New Hampshire Sample Letter regarding Answer, Affirmative Defenses, and Counterclaim

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Multi-State
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US-0057LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

New Hampshire Sample Letter regarding Answer, Affirmative Defenses, and Counterclaim [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP Code] Re: Case Number: [Case Number] Dear [Opposing Party's Name], I am writing in response to the [Opposing Party's Name]'s complaint filed on [Complaint Filing Date] in the [Court Name], with the above-mentioned case number. I hereby provide my answer to the complaint, affirmative defenses, and counterclaim in accordance with the laws and rules of the State of New Hampshire. Answer to the Complaint: I deny the allegations stated in the complaint [or specify particular allegations you deny]. Additionally, I specifically admit the following allegations [if any]. Please note that failure to specifically deny an allegation shall be interpreted as an admission. Affirmative Defenses: In accordance with the New Hampshire Rules of Civil Procedure, I assert the following affirmative defenses: 1. Failure to state a claim upon which relief can be granted: I contend that the complaint fails to establish a valid cause of action against me as it lacks essential elements required to support a legally recognizable claim. 2. Statute of Limitations: It is my belief that the time limit for bringing this claim has expired, and therefore, the action is barred. 3. Lack of Subject Jurisdiction: I assert that the court lacks the power or authority to hear this particular case based on the facts and circumstances presented. Counterclaim: In response to the allegations made by [Opposing Party's Name], I hereby assert a counterclaim against the plaintiff. The counterclaim is based on the following grounds: [Outlined details of the counterclaim, including supporting facts and legal basis]. Conclusion: I respectfully request the court to take into consideration my answer, affirmative defenses, and counterclaim outlined above, and to dismiss the plaintiff's claims against me. I also request that my counterclaim be given due consideration and that proper relief be granted. Furthermore, I am resolving to act in good faith in all matters regarding this case, and I am open to negotiations or mediation to reach a fair and just resolution. Please find enclosed a copy of this letter as a formal response. I kindly request that you acknowledge receipt of this letter within [number of days] days. Should you require any additional information or documentation, please do not hesitate to contact me at the above-mentioned contact details. Thank you for your attention to this matter. Sincerely, [Your Name]

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FAQ

"An affirmative defense is a justification for the defendant having committed the accused crime. It differs from other defenses because the defendant admits that he did, in fact, break the law.

In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.

More info

(a) Within 20 days of the Answer date counsel, or parties if unrepresented, shall confer to discuss the claims, defenses and counterclaims and to attempt to ... If it is denied, you must file an Answer within 30 days of the court's notice of decision denying the motion. Certain facts can provide what are called “ ...A civil action begins with the pleadings: the complaint and the answer. This presentation focuses on preparing the answer to a previously filed complaint. Nov 14, 2022 — Here plead facts which will set forth a counterclaim in the same way as would be necessary to set forth a cause of action in a petition. Jul 11, 2023 — To avoid this outcome and respond to a New Hampshire debt lawsuit, follow the three steps below: Answer each issue of the Complaint; Assert ... Jul 28, 2020 — PGNY's Complaint is barred by a failure of a condition precedent to the obligation to pay rent and expenses. Affirmative defenses include the following: (1) accord and satisfaction; (2)arbitration and award; (3) assumption of risk; (4) contributory negligence; (5) ... LHI answered the Complaint by asserting various affirmative defenses and counterclaims. LHI contends in the Original Answer, Affirmative Defenses, and ... FORM 32. ANSWER TO COMPLAINT SET FORTH IN FORM 11. WITH COUNTER-CLAIM FOR INTERPLEADER. Defense. Defendant admits the allegations stated in paragraph 1 of the ... (LHI) filed Defendant's Motion for Leave to Amend Affirmative Defenses and Counterclaims (Doc. No. 59) (Motion to Amend). Having reviewed the briefs and ...

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New Hampshire Sample Letter regarding Answer, Affirmative Defenses, and Counterclaim