Kentucky Counterclaim

State:
Kentucky
Control #:
KY-021-SC
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Description

Counterclaim: This is an official Kentucky Small Claims Court form that complies with all applicable Kentucky codes and statutes. USLF amends and updates all Kentucky forms as is required by Kentucky statutes and laws.

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FAQ

The counterclaim must be filed at least seven (7) days before the trial date. If you decide to file a counterclaim less than seven days before the trial date, you must contact the magistrate to whom the case is assigned and obtain permission to file your counterclaim.

A claim is the main argument. A counterclaim is the opposite of the argument, or the opposing argument. A reason tells why the claim is made and is supported by the evidence. Evidence is the facts or research to support your claim.

Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages.

If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

Yes, the plaintiff has to be served. if you are in state court (Superior Court of California), service of the cross-complaint can be done by mail to the plaintiff's counsel.

The rule differentiates counterclaim and crossclaim. While they are both independent actions, counterclaim is only brought by the defendant against the plaintiff, crossclaim can be brought by the defendant against a co-party or by a plaintiff against a co-party.

David Oldham, professor at Shoreline Community College, states, The short answer is a counter-argument (counterclaim) can go anywhere except the conclusion. This is because there has to be a rebuttal paragraph after the counter-argument, so if the counter-argument is in the conclusion, something has been left out.

There are two sides to every argument: (1) the claim, and (2) the counterclaim. The first is a statement of the party's point, or argument for something. The second is a rebuttal, or argument opposing the claim.

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Kentucky Counterclaim