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If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
Rule 13 concerns counterclaims and cross claims. Counterclaims are where a party being sued turns around and sues the party that sued it. For example, often if a plaintiff sues a defendant for breaching a contract then the defendant will counterclaim against the plaintiff for breaching the same contract.
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.
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.
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.
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.
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.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.