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Your claim is that you need a new cell phone. Your moms counterclaim is that you dont need one. Your reason is because yours doesnt have Internet access, and your evidence says that students with Internet access make better grades.
Responding to a Lawsuit File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerks office to file. You will have to pay a filing fee to file your papers.
When you sue someone in small claims court, the person you are suing can turn around and sue you by filing a counterclaim. A counterclaim allows the defendant (now called the counterclaimant) to have his claim against the plaintiff (now called the counterdefendant) decided along with the plaintiffs claim in the
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).
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If the Plaintiff fails to appear for the trial and the Defendant appear and has filed a counterclaim, the Judge may enter a default judgment against the Plaintiff based on the Defendants counterclaim, assuming the Defendant satisfied all the requirements for a default judgment.
A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversarys complaint; (3) respond to the adversarys factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.
The main purpose of a counterclaim is to address the opposite side of the argument and provide a rebuttal. A rebuttal is when the author disproves an argument. So, not only does the author work on proving their claim, but they work on disproving the counterclaim or oppositions argument.

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