Re: Affirmative Defenses Where do I put?

Posted by Taziblue (4.170.78.178) on June 16, 2004 at 15:09:08:

In Reply to: Re: Affirmative Defenses Where do I put? posted by qutgnt on June 15, 2004 at 22:17:00:

First, you do not have to pay a fee to the courts to file a counter claim or a cross claim. You can file it at the same time that you file your answer to the lawsuit.

Second, affirmative defenses should be filed in a separate section, after you respond to the allegations of the lawsuit.

You copy the headings from the papers that were served on you and then you start with the answer:

Middle of the page; underline and bold is good
(This makes sure the judge knows what he/she is reading)

Defendants Answer and Affirmative Defenses.

I. Answer

1 Admin
2.Deny and demand strict proof thereof
3.Lacking knowledge
4 etc until you have answered all.

This is followed by:

II. Defendants Affirmative Defeneses

1. Statute of limitations
2. Laches

ETc until you have listed everything.

If I want to file a cross or counterclaim, I do it at the same time, but start a separate paper.

You can send it by mail to the other side.
You do not have to hire a process server to file a counter or cross claim.

You might want to consider seeing a lawyer. Esp if you are past sol
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