Legal Question in Family Law in Georgia

how to fill out an answer and counterclaim for a court case?


Asked on 6/28/11, 4:26 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, DON'T! Let me stress that. You DON'T "fill out" answers and counterclaims. To do a proper one, you must draft one that fits the case. (There is NO form).

The consequences of screwing up are major. Not only can an improper answer be dismissed, but you can be made to pay the other side's legal fees and costs for filing it, and you can lose the case simply because you didn't say something correctly. Note that an answer also should include legal defenses of law, which are a separate part based on legal arguments you may waive if you do not raise them.

An incorrect counterclaim can also cost you money.

If you were sued, you need a lawyer, just like if your appendix bursts you don't operate on yourself. Your chances of success improve, and your risks decrease.

Get a lawyer. Be sure you do it in time.

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Answered on 6/28/11, 5:09 pm
Paula McGill Attorney at Law

Yes, you should have a lawyer.

However, not everyone can afford one or qualify for a pro bono attorney.

Therefore, unfortuantely, people are left to their own devices.

Gwinnett County and Fulton County have law libraries that are open to the public. You will have to do your own research, but there are Georgia specific form and law books that should guide you. Nevertheless, even those books warn that you should consult with counsel.

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Answered on 6/28/11, 9:58 pm


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