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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7155
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I RECD A COUNTER COMPLAINT FROM THE DEFENDANT ON JULY 11,

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I REC'D A COUNTER COMPLAINT FROM THE DEFENDANT ON JULY 11, 2013, BUT HAVE NOT REC'D AN ANSWER TO MY COMPLAINT THAT WAS FILED IN MARCH 2013. I DENY EACH COMPLAINT BUT HOW DO I WRITE THE ANSWER TO THE COUNTER COMPLAINT I MUST DO THIS BY AUG 1. 2013. DO U HAVE KNOWLEDGE OF ANY WEBSITES THAT CAN HELP ME WITH HOW TO ANSWER PROPERLY? HOW CAN THE DEFENDANTS ATTORNEY DISOBEY THE JUDGE ORDER TO ANSWER MY COMPLAINT BY JULY 11, 2013? I DO NOT UNDERSTAND THIS. PLEASE HELP

The Defendant's CC should be part of his Answer and separately designated as such. Here is the IL statute on counterclaim: http://law.onecle.com/illinois/735ilcs5/2-608.html But if it states facts which tend to contravene the facts stated in the complaint, the court could treat it as an Answer. To find out, you would have to move for a default judgment on the Complaint. As far as your answer to the CC goes. It must admit or deny or state that you are without knowledge of the facts stated in the CC. Here is a site that provides the format for an Answer. http://www.law.siu.edu/selfhelp/info/forms/answer.pdf

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Customer: replied 3 years ago.

I was bitten by the defendant, who continue to hold/bite my right little finger causing a laceration, sutures, tetanus injection etc. Legally was I allowed or justified in doing what I needed to do to stop her or have her release my finger from the grip of her teeth? I required medical attention via 911 paramedics. She refused medical, told the police she did not need medical attention but decided later that day or the next day to seek medical attention. She was not bleeding, but she states she was bruised. so she is counter suing me for her bruises, "black eye". also during this struggle her dog bit my left lower leg. The police asked me if the dog had current rabies shot? I stated that I did not know. The dog bite was not put in the police report so I did not include it in my complaint now I don't know if that was a good decision, can I add or include the dog bite this now ?


I will return and Answer this part later this evening. I have to log off for now.
Hello again, and please accept my apologies for letting this fall through the cracks last weekend. I see the problem and it's going to be tough for the court to sort everything out. The fact that she bit you and you required medical treatment will be heavily in your favor. It will appear that you were defending yourself and her injuries were not only minor, but she was the aggressor. This is a civil case and the judge will require a fair preponderance of the evidence on the side of one or the other of you in order to grant a verdict either way. Her getting bruised when you had to stop her from biting you isn't going to impress the judge favorably toward her. You can always mention the dog bite in your testimony, but that requires different proof, such as what she knew about the dog's propensities to bite people. It is not worth the effort to go back and amend your complaint though. I wish you the best when this comes up for final hearing.