Colorado Sample Letter regarding Answer to a Counterclaim
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FAQ
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
If you are not able (or do not want) to settle the counterclaim, you do not need to file anything with the court if you have been served with a counterclaim. You simply attend the scheduled court date to defend yourself. The date and time of the mediation or hearing should be stated on the counterclaim you received.
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.
Your options are: negotiate with the plaintiff. agree to pay the entire debt. agree to pay the debt in instalments. file a defence (asserting that you deny the entire claim or part of the claim) file a statement of cross-claim (asserting that you have a counter-claim against the plaintiff or a third party.
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.
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
