Legal Question in Landlord & Tenant Law in Michigan
Answer and Counter Claim
I am involved in a small civil dispute, I need to file my answer but I also need to file a counter claim, do I file the counter claim as part of my answer? Is it on the same piece of paper or a different piece of paper? I asked my local court for rules but apparently it is very laid back and they do not have forms for this.
2 Answers from Attorneys
Re: Answer and Counter Claim
It should be two separate documents, both with captions on them and signatures. Technically they could be combined I believe, but it is much better if you separate them. Your Answer, where you respond to each numbered paragraph; and then prepare a separate document entitled "counter-complaint" where you set forth your allegations against the Plaintiff.
You then become the defendant/counter-plaintiff in your caption.
If you need help on how to prepare your answer, let me know.
You will also need to include Affirmative Defenses, which come right after the Answer, and are within the same document as the Answer.
Thanks.
Re: Answer and Counter Claim
Don't be fooled by "laid back." Court rules are court rules, and the judge will have to enforce them if you don't get it even close to right.
Consult a local lawyer, but the standard language is "Answer and Counter-Claim," so file them together.
The format doesn't require legalease, but you do have to actually say something the court can understand, so follow the paragraph style and don't try to explain the entire case in the counterclaim, just give the court enough facts and logic to rule in your favor.