Re: Affirmative Defenses Where do I put?
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Posted by Boadicea
(66.149.179.202) on June 15, 2004 at 22:25:00:
In Reply to: Re: Affirmative Defenses Where do I put? posted by qutgnt on June 15, 2004 at 22:17:00:
I don't recall that you have any basis for a counterclaim. Besides that, you have to file a counterclaim with the court, pay the same fee as if you had initiated the lawsuit (a separate fee from the appearance fee) and have the countersuit served to the CA attorney. They have 30 days to respond just as if you'd sued them first. Also, keep in mind that if you file a counterclaim, you deny the CA a graceful "out." If they were to move to dismiss their suit against you, your countersuit would continue to stand. They'd be stupid to do that. They'd almost assuredly follow through just to keep you from continuing your counterclaim.
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