Sep 6, 2012 · 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 …

Dec 16, 2017 · 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 …

Sep 8, 2024 · 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 …

Jan 18, 2011 · 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 …

Nov 22, 2017 · 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 …

A counterclaim is typically filed with one's Answer; and a defendant can file a motion to dismiss at that time. If I had to guess I'd say it's too late for either, or for any further discovery (no more …

A counterclaim is a defendant’s claim against the plaintiff within the same lawsuit, not a separate trial. It is filed in response to the original complaint and is resolved during the same court …

A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied. " Basically, that sets out that when there is a …

Feb 11, 2025 · Defendant answered and counterclaim eviction suit so the plaintiff filed answer and affirmative defenses. now Defendant wants to dismiss counterclaim before the court date. …

Confusion about counterclaim relevance and handling unrelated claims in small claims court. In small claims court, a counterclaim does not need to be logically related to the original claim. …