Texas Sample Letter regarding Answer to a Counterclaim
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FAQ
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.
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.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
The defendant must file a counterclaim petition as provided in Rule 502.2, and must pay a filing fee or provide a Statement of Inability to Afford Payment of Court Costs. The court need not generate a citation for a counterclaim and no answer to the counterclaim need be filed.
If you are served with a Counterclaim (Small Claims), one of your options is to simply pay the money that the counterclaimant is seeking. You can also try to negotiate with the counterclaimant to resolve the case.
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.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.
File (turn in) your completed answer form with the court. To file online, go to E-File Texas ( ) [11] and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.
