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The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
A counterclaim is compulsory only if claim preclusion would otherwise apply and a favorable judgment in the second action would nullify the judgment in the original action or impair rights established in the initial action.
Your options are: negotiate with the plaintiff. agree to pay the entire debt. agree to pay the debt in instalments. file a defence (asserting that you deny the entire claim or part of the claim) file a statement of cross-claim (asserting that you have a counter-claim against the plaintiff or a third party.
Once you have completed your answer and counterclaim, you should make several copies of the completed document. Take the original and copies to the court clerk and ask to file. You might have to pay a filing fee, which will depend on the court.
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.
Generally, the creditor gives the debtor (person who owes the money/property) the completed Satisfaction of Judgment (form GF-129) to file with the Clerk of Circuit Court and pay the filing fee. Satisfactions of Judgment can be filed electronically via the Wisconsin Courts System eFiling.
The state or an agency of the state or an officer, employee, or agent of the state shall serve an answer to the complaint or to a cross claim or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted.