![]() ![]() Typically, that is not for trial but, rather, for an initial conference. In most instances, you will receive a notice by mail advising of your initial court date. (e) What happens after I file my answer with the court? A permissive counterclaim may - but does not have to be - included as part of the answer form. A permissive counterclaim is a claim against the plaintiff that arises from something other than the occurrence which is alleged in the complaint. ![]() Typically, compulsory counterclaims are those that arise from the same occurrence or transaction that is the subject of the complaint. A compulsory counterclaim is a cause of action that must be included in your answer. Depending on the state in which your case is pending, a counterclaim may be "compulsory" or "permissive". The affirmative defenses set forth above are just a few of the many affirmative defenses that can be used to successfully defend against a civil summons and complaint.Ī counterclaim is a claim presented by the defendant against the plaintiff. Some of the most important affirmative defenses include: ![]() The answer forms that are available for download on our site include affirmative defenses that may be appropriate for you based on your locality and the nature of the complaint to which you are responding. In fact, it is essential to set forth any applicable affirmative defense, because failure to include it in your answer might result in a waiver of that defense! It is common for answer forms to set forth what are known as "affirmative defenses". (c) Other than Denying the Allegations in the Complaint, What Should I do to Respond? For detailed information regarding the contents and form of an answer, read the Answering a Complaint section of our site. Your answer sets forth, in brief, numbered paragraphs, your position regarding each of the allegations contained in the Plaintiff's complaint. To avoid being held in default, a defendant needs to: (a) prepare an answer (b) send a copy of the answer to the plaintiff's attorney (or directly to the plaintiff if the plaintiff is self-represented) and (c) file the original answer with the court, with proof of service. However, in most cases, a defendant has between 20 to 30 days to respond. The time period for answering differs depending on the specific jurisdiction, court and nature of the case. This means that a default judgment may be entered against them for the relief demanded in the complaint. If someone does not file an answer after being served with a complaint, he or she may be held in default. (a) What happens if I do not respond after being served with a complaint? ![]()
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