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Had 28 days to file a counterclaim with court and have

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Had 28 days to...

Had 28 days to file a counterclaim with court and have missed the deadline

Lawyer's Assistant: What state/territory is this in? It matters because laws vary by location.

Had 28 days to file a counterclaim for being sued. had 28 days to file a counterclaim with court. I have missed this date. Can I still file a counterclaim

Lawyer's Assistant: What steps have you taken so far?

None

Submitted: 3 months ago.Category: Australia Law
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Answered in 1 minute by:
3/26/2018
Solicitor: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Australia Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
Verified
Hello I am an attorney here to help. The answer to your question is yes, you can submit your counterclaim. Under the rules of civil procedure, if a party filed an answer and counterclaim late, it'll be accepted so long as the other party has not filed a motion for an automatic, sometimes called a default, judgment.
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Solicitor: Legal Eagle, Lawyer replied 3 months ago
If you want additional time, you can submit a motion to extend the time to file a counter claim. The court may need support from you to approve the motion and you will have to serve all papers on the other side, but the answer is yes.
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Solicitor: Legal Eagle, Lawyer replied 3 months ago
Did you have any other questions for me today?
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Customer reply replied 3 months ago
No thanks
Qld court
Solicitor: Legal Eagle, Lawyer replied 3 months ago
I'm sorry. I'm working from my phone and it doesn't tell me whether the questions are US based. I'm sorry. Let me tell the moderators about this so you can be routed to the Australian law section
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Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,708
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning.

I am Leon a Solicitor from sydney and I will do my best to assist you with your question today.

You have 28 days to file your defence and counter claim. If the plaintiff has not filed to get default judgement you can still file.

Call the court and see what has happened. If nothing has been filed apart from the summons the file you papers ASAP.

Provided you file before they file to get default judgement you are ok.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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