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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.
After you serve the counterdefendant with your counterclaim and file proof of service with the court, you simply attend your small claims mediation or hearing.
REPLY TO COUNTERCLAIM. The reply must contain a denial of any or all of the material facts stated in the counterclaim that the plaintiff believes to be untrue and also a statement, in plain or direct manner, of any other facts constituting a defense to the counterclaim. Any matter not denied shall be deemed admitted.
A pleading must state as a counterclaim any claim that-at the time of its service-the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require adding another party over whom the court cannot ...
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
If the defendant believes that the plaintiff is the one who breached, the defendant can file a counterclaim against the plaintiff. Practically, this will look a lot like the original complaint the plaintiff filed, listing out the allegations, specific legal claims, and a demand for monetary relief.
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.
Once you have completed your answer and counterclaim, you should make several copies of the completed document. Take the original and copies to the court clerk and ask to file. You might have to pay a filing fee, which will depend on the court.