Louisiana Answer to Counterclaim

State:
Multi-State
Control #:
US-01591
Format:
Word; 
Rich Text
Instant download

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

Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.

Louisiana Code of Civil Procedure Art. 1001 now provides that a defendant shall file an answer twenty-one days after service of a citation (previously fifteen days).

After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.

Amendment of petition and answer; answer to amended petition. A plaintiff may amend his petition without leave of court at any time before the answer thereto is served.

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 party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within fifteen days after the service of the interrogatories, except that a defendant may serve answers or objections within thirty days after service of the petition upon that defendant and the state and ...

A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed.

Key Points. Time to Answer: The delay to answer is 21 days from service. If no answer is timely filed, the Court takes the allegations of the petition to be admitted as true. Preparing an Answer: One purpose of an answer is to admit or deny the allegations of the petition or motion.

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Louisiana Answer to Counterclaim