This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
North Carolina Answer to Counterclaim
State:
Multi-State
Control #:
US-01591
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Answer To Counterclaim?
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FAQ
? When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court shall order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
Rule 4. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.
? When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court shall order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.
Rule 5. Service and filing of pleadings and other papers. (a) Service of orders, subsequent pleadings, discovery papers, written motions, written notices, and other similar papers - When required.
The continued existence or expiration of a session of court in no way affects the power of a court to do any act or take any proceeding, but no issue of fact shall be submitted to a jury out of session.
Rule 3. (a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.
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.