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In all cases except foreclosure actions, the deadline to file the Answer to file the Answer Complaint (JD-CV-106) is within 30 days of the ?Return Date? shown in the box on the top right corner of the Summons. In foreclosure actions, the deadline is within 15 days of the Return Date.
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.
An affirmative defense is one where the accused produces evidence with the goal of negating any criminal liability for the crime for which they have been arrested even if they actually committed the act.
2d 391, 402 (Cal. Ct. App. 1994) (?Our system of code pleading requires only fact pleading.?).
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.
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.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.