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Once you have completed your answer and counterclaim, you should make several copies of the completed document. Take the original and copies to the court clerk and ask to file. You might have to pay a filing fee, which will depend on the court.
A pleading must state as a counterclaim any claim that-at the time of its service-the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require adding another party over whom the court cannot ...
If the defendant believes that the plaintiff is the one who breached, the defendant can file a counterclaim against the plaintiff. Practically, this will look a lot like the original complaint the plaintiff filed, listing out the allegations, specific legal claims, and a demand for monetary relief.
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.
STEP 1: Fill out the Answer (Form A) ... STEP 2: Complete the Civil Case Information Statement (CIS) ... STEP 3: Make a check or money order payable to Treasurer, State of New Jersey. ... STEP 4: Check your completed forms and make copies. ... STEP 5: Mail or deliver the forms to the court. ... STEP 6 Mail CIS and Answer to all parties.
A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.