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In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.
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.
Pull the header information from the plaintiff's petition. Title your Answer Answer to Plaintiff's Petition/Complaint. Center this title and make it bold. Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiff's numbered allegations.
If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved (and assuming the case is not dismissed), the case will move forward from there.
The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements. Complete the top of the Answer to Counterclaim exactly as it appears in your, the Plaintiff's, complaint.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
You have to answer the counterclaims. They have the same effect as your lawsuit. It is not wise to proceed with litigation without an attorney.
Examples of counterclaims include:After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).