Ohio Sample Letter for Answer and Counterclaim
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How to fill out Sample Letter For Answer And Counterclaim?
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FAQ
Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.
FILING THE ANSWER AND COUNTERCLAIM You must file the Answer and Counterclaim with the Clerk of Court located in Room 35 on the ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. If there are minor children of the marriage you must also file a Parenting Proceeding Affidavit.
If you are prepared to file your answer, you may file it without a counterclaim, and later, after speaking with an attorney, add a counterclaim. However, be aware that some counterclaims may not be added later and that you may lose your right to add a counterclaim if you do not include it in your Answer.
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
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.
