General Form of Civil Answer with Affirmative Defenses and Counterclaim - Simplify Document Editing and Signing

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However, counterclaims and affirmative defenses are separate and distinct terms. A counterclaim is a cause of action that seeks affirmative relief, while an affirmative defense defeats the plaintiffs cause of action by a denial or confession and avoidance.
Its usually best to file your affirmative defenses with your answer in a single document that has two main sections. You must meet all the elements (requirements) of each defense you assert. If any element is missing, your defense can be easily defeated. Each defense should be stated as a set of facts.
Affirmative defenses, with few exceptions, are waived if they are not pleaded in the demurrer or answer. (430.80.) (All statutory references are to the California Code of Civil Procedure unless otherwise stated.)
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerks office and mail (or serve) one to the plaintiff or plaintiffs attorney.
The best tips for drafting an Answer to your debt lawsuit The Answer isnt the place to tell your side of the story in depth. Deny, deny, deny. Include your affirmative defenses. Use standard formatting or style Include the Certificate of Service. Sign the Answer.
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What is an affirmative defense. An affirmative defense is a defense that brings up new facts or issues not in the Complaint that, if true, would be a legal reason why the plaintiff should not win, or should win less than theyre asking for. It is not a denial that you did what the plaintiff says you did.
You would need a motion for leave to amend answer and affirmative defenses if you have discovered new information or evidence that affects your original answer and affirmative defenses, or if you wish to correct errors or omissions in your original answer and affirmative defenses.

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