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Failing to respond to a complaint usually results in the court awarding a default judgment to the plaintiff. It can be challenging to convince the court to set aside a default judgment, and a judgment can have a significant impact on your financial stability.
Counterclaim: This is what the opposing side is arguing about the issue. Rebuttal: This is your response to the counterclaim.
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.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.
Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim).
Example- Claim: Cell Phones should be allowed in the classroom. Counterclaim: Cell Phones should not be allowed in the classroom. Rebuttal: By allowing cell phone use in the classroom, students learn how to use and manage their cell phones as a digital resource as they should outside of school.
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.