Complaint Waived File Format In Fulton
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FAQ
File your counterclaim. Give the clerk of courts a copy of your complaint at the same location where the plaintiff filed the original complaint. You may file the counterclaim at the same time you file your answer. Make sure that you keep a copy of the counterclaim for you records.
Example- Claim: Cell Phones should be allowed in the classroom. Counterclaim: Cell Phones should not be allowed in the classroom.
Write a short and plain statement of the counterclaim(s). Do not make legal arguments. State as briefly as possible the facts showing that you, the defendant / counterclaim plaintiff, are entitled to the damages or other relief sought.
If you are prepared to file your answer, you may file it without a counterclaim, and later, after speaking with an attorney, add a counterclaim. However, be aware that some counterclaims may not be added later and that you may lose your right to add a counterclaim if you do not include it in your Answer.
Write a short and plain statement of the counterclaim(s). Do not make legal arguments. State as briefly as possible the facts showing that you, the defendant / counterclaim plaintiff, are entitled to the damages or other relief sought.
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.
What should be included in a counterclaim? A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.
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.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
``Being served with a summons'' formally notifies you of the legal action against you and gives you the opportunity to respond to the allegations in court. Failure to respond appropriately may result in a default judgment being entered against you.
