If a Defendant simply states a counterclaim in an Answer does the Plaintiff have to answer in the same 20 day timeline? Or does the Defendant have to file a separate suit of those counterclaims?
When filing a counterclaim, are the names of the defendant and plaintiff switched at the top of the pleading? i.e. does the defendant become the plaintiff and does the plaintiff become the defendant? or should it be listed exactly as in the original petition?
Yes, the plaintiff has to be served. if you are in state court (Superior Court of California), service of the cross-complaint can be done by mail to the plaintiff's counsel. You do not need a process server to serve the cross-complaint on any parties who have already appeared in the case.
Clarification on Counterclaim and “Leave to File?" I received a claim and called the court to ask about filing a counterclaim. The court staff said I could file it, so I did. At the first court date, the judge asked if I had received permission to file the counterclaim, and I said no, as I didn’t know I needed permission.
How do I make a Counterclaim after filing answer and near trial date? I was sued. I filed my answer. Discovery was exchanged. Some motions are scheduled to be heard in 2 weeks. Trial is set in 4 weeks. In the interim, I uncovered information that seems to give rise to me filing a counterclaim against plaintiff.
When a plaintiff receives a counterclaim, they must respond within the court’s specified deadline, typically by filing an answer or motion. Failure to respond may result in the court treating the allegations as admitted or granting default judgment on the counterclaim.
In a counterclaim, is the plaintiff now the defendant and am I, the defendant in the original claim, now the plaintiff? Do I now refer to the plaintiff of the original claim as defendant when I file my counterclaim and subsequent pleadings against them? Thank you.
I received a counterclaim letter from a law firm and I need to respond to the counterclaim. there is a general denial, affirmatives defenses, counterclaim for attorney fees and prayer on the letter. should i respond to each one or can I just respond stating that I deny all of the above. this is a claim that I made in small court claims. Thanks
A Complaint was filed against me by my tenant. The opposing side is represented by an attorney. I am going to file a counterclaim for eviction (it's not retaliatory). Do I need to personally serve/post service for the counterclaim, or can I simply e-serve the opposing attorney?
Can I make a counterclaim on a case and ask that my case be dismissed but still pursue my counterclaim? Facing neglect charges against state of WI. but there were key players that resulted in this charge happening that are provable by fact.
