When you are served, a summons will be on the top of the petition. It will tell you how many days you have to file a written answer with the Court and on whom you must serve a copy of your answer. You can use the attached form Answer and Counterclaim to draft your answer and counterclaim.
For the part of the claim that you dispute, give a full response to what is claimed. It may be helpful to use separately numbered paragraphs. Attach an Additional Parties Form 1A form, if there is more than one plaintiff or defendant in the case and check the “Additional plaintiff/defendant” box on the defence form.
A statement of claim is a document prepared by the plaintiff, that is, the person or company who is initiating the case in the court. A statement of claim usually accompanies a writ or could be otherwise needed during the course of a proceeding.
The plaintiff must file a sworn statement with the clerk of the appropriate magistrate court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim.
You can defend a statement of claim if you believe you don't owe all or part of the claim. To defend the claim you must file a document called a defence. A defence confirms that you deny some or all of the claim and the reasons why. These reasons are called the grounds of your defence.
The Statement of the Case should not appear biased or overdramatic. Perceived bias and exaggeration can damage your credibility and make the reader less inclined to take your representations at face value. Your job is to tell a story, not write a novel.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought.
What is an example of a claim? A claim answers a debatable question posed by a writer, which then is proved in a paragraph or essay. For example, "Dogs make better pets than cats" is a claim that can be argued.
If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.