This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
Illinois Answer to Counterclaim
State:
Multi-State
Control #:
US-01591
Format:
Word;
Rich Text
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FAQ
A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed.
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.
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 you are served with a Counterclaim (Small Claims), one of your options is to simply pay the money that the counterclaimant is seeking. You can also try to negotiate with the counterclaimant to resolve the case.
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.
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.
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.
The counterclaim must be made as part of the answer. 735 ILCS 5/2-608(b). In actions where a specific appearance date is not required by statute, local rule or Supreme Court rule, the summons should require each defendant to file his answer/counterclaim or otherwise appear in the action within 30 days.
