California Answer to Counterclaim

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Multi-State
Control #:
US-01591
Format:
Word; 
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Description

This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
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FAQ

A response to a cross-complaint generally must be filed within 30 days of being served with the cross-complaint. Code of Civil Procedure 432.10. If you learn later that you need to file a cross-complaint you can make a motion to ask for an order allowing you to file a cross-complaint.

A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.

Serving papers by mail means that another adult, not you, mails a copy of your Answer to each plaintiff. If the plaintiff has a lawyer, you must have it sent to them instead. The person doing the mailing is your server. Your server must sign a form saying they mailed the papers.

If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.

(c) Signature and verification by attorney If a person is absent from the county where his or her attorney's office is located, or for some other cause is unable to sign or verify a pleading, the attorney may sign or verify it, unless the person is, or is seeking to become, a fiduciary appointed in the proceeding.

In California, where counterclaims are abolished, a cross-complaint is defined broadly.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

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California Answer to Counterclaim