New Jersey Sample Letter regarding Answer, Affirmative Defenses, and Counterclaim
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How to fill out Sample Letter Regarding Answer, Affirmative Defenses, And Counterclaim?
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FAQ
In New Jersey, the vast majority of litigation starts with a Complaint governed by Rule -2. New Jersey is a notice pleading state, which means the Complaint need only provide enough facts to provide a defendant notice of a claim. Rule -2 states, in pertinent part: [A] pleading which sets forth a claim for relief?
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
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.
A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.
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.
Allegations in a reply shall be taken as denied or avoided, and any defense thereto in law or fact may be asserted at trial. A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.
In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
