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How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.

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).

The answer is the part that responds to the plaintiff's allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.

Responding to a New York Complaint Toolkit Move to dismiss a complaint. Move to compel arbitration. Determine whether venue or forum is proper. Respond to a summons with notice. Answer a complaint. Assert counterclaims and cross-claims. Engage in third-party practice.

How do I make a counterclaim? State that you counterclaim against the claimant. Clearly and concisely set out the allegations you are making and the amount or other remedy you are seeking. List all correspondence and other doucments on which the counterclaim relies, including relevant dates.

Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.

The main purpose of a counterclaim is to address the opposite side of the argument and provide a rebuttal. A rebuttal is when the author disproves an argument. So, not only does the author work on proving their claim, but they work on disproving the counterclaim or opposition's argument.

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.

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.

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Commonly Used Forms. Business Certificate Order Form, Fill out and complete the PDF to order a copy of a Business Certificate.If the Defendants wish to respond to the Plaintiffs letter brief, they may respond in a letter brief no longer than five pages on or before August 12, 2015. Org, and can be downloaded from the website and filled out and printed from a computer.

Suffolk New York Sample Letter regarding Answer to a Counterclaim

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