Arkansas Answer and Counterclaim to Confirm Title
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FAQ
A copy of your answer or counterclaim must be filed with the Court within 30 days for Arkansas residents or 30 days for non-residents from the date you receive this summons and a copy delivered or mailed to the plaintiff or his attorney (if applicable), or a default judgment may be entered against you.
A counterclaim is a claim by a defendant against a plaintiff. The responsive pleading to the complaint may include a counter-claim. There is no filing fee to file a counter-claim.
After you serve the counterdefendant with your counterclaim and file proof of service with the court, you simply attend your small claims mediation or hearing.
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.
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.
Responding to a Counterclaim You cannot opt out of a counterclaim. If you do not respond to the counterclaim within the thirty days allowed, the CCB may issue a notice of default. Unless you file a response promptly after that, the CCB can make a default determination against you on the counterclaim.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
