West Virginia Sample Letter conveying Crossclaim and Answer
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FAQ
A response to a cross-complaint generally must be filed within 30 days of being served with the cross-complaint. Code of Civil Procedure 432.10. If you learn later that you need to file a cross-complaint you can make a motion to ask for an order allowing you to file a cross-complaint.
A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.
Write a short and plain statement of the crossclaim(s). Do not make legal arguments. State as briefly as possible the facts showing that you, the defendant / crossclaim plaintiff, are entitled to the damages or other relief sought.
The answer is the defendant's response to the plaintiff's original suit, while the counterclaim and crossclaim are the defendant's additional allegations and claims against the plaintiff or co-defendant, as applicable.
complaint generally should be filed before or with an Answer. A response to a crosscomplaint generally must be filed within 30 days of being served with the crosscomplaint.
For example, if Trucker John hired some loaders to load the furniture, and they were the ones that damaged the furniture, then Trucker John could crossclaim the loaders for all or part of the damage to the furniture.
