Small Claims Counterclaim Form Withdrawal
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FAQ
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
You do not have to use the counterclaim procedure. You are entitled to raise a separate action if you wish. However, it is often quicker and more convenient to state a counterclaim in the pursuer's action, rather than start a new claim altogether. The counterclaim can be for whatever sum of money you think appropriate.
Counterclaims can be raised if the defendant has incurred losses or damages that they wish to claim for. This scenario is most commonly a result of the transaction in question causing problems leading to losses for the defendant, such as receiving faulty goods or suffering from delays.
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.
Withdrawing a Claim To withdraw a claim or other filed documents: Complete a Notice of Withdrawal form. File a copy of the Notice of Withdrawal at the court registry.