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After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.
The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.
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.
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).
The answer is the part that responds to the plaintiff's allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.
Write a short and plain statement of the counterclaim(s). Do not make legal arguments. State as briefly as possible the facts showing that you, the defendant / counterclaim plaintiff, are entitled to the damages or other relief sought.
6 Steps for Responding to Divorce Papers Without an Attorney Read the papers carefully. Know your deadline. File an answer. Fill out the required divorce forms. Pay your fees and file the divorce forms. Get a court order from a judge if necessary.