Arkansas Sample Letter regarding Answer to a Counterclaim
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FAQ
Within the State of Arkansas, you normally have thirty (30) days to file an Answer or Response to avoid being in default.
Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.
The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
If you have been sued, you have 30 days to file a written answer. You must do this to preserve any rights or defenses you may have. You must file the response with the clerk of the court where the lawsuit was filed. You must also send a copy to the creditor's attorney.
The defendant should file a written response, called an answer, to the plaintiff's complaint. The answer should tell the defendant's side of the story. If the defendant feels he has a claim against the plaintiff, the defendant may wish to file a counterclaim against the plaintiff.
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.
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.
