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I recently answered a summons and complaint, and entered a

counter claim within the answer...
I recently answered a summons and complaint, and entered a counter claim within the answer, now the plaintiff sent us a copy of his verified reply to our counter claim. First he denies each and every allegation contained in paragraphs 1-8 of the counter claim. Then he demands judgement, a) as requested in the complain herein; 2) dismissing the answer and counterclaim of the defendant herein; 3) for such other and further relief as to this court seems just, proper and equitable.

My questions are as follows:
a) Do I or should I answer this verified reply by the plaintiff.
b) Can he ask the judge to basically ignore all of our claims based on nothing more than his request for dismissal.
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Answered in 1 minute by:
10/17/2013
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
Verified

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

a) Do I or should I answer this verified reply by the plaintiff. - Only to the extent that he brought up new allegations (rather than a denial of yours) would you need to answer them. It does not appear that he is bringing up new causes of action (which would require an answer) but merely a defense (which would not require any additional answer or response on your part to this verified answer to your counterclaims).

RGMacEsq :

b) Can he ask the judge to basically ignore all of our claims based on nothing more than his request for dismissal.- This sounds like a "prayer" which is what the party asks the court for.

RGMacEsq :

It is NOT a motion. That is, for the court to actually do something (such as dismiss, or issue a summary judgement, etc...) there has to be a motion to do so. That would be a "motion to dismiss" or a "motion for summary judgement", etc...

RGMacEsq :

He would have to ask the court to take that action by filing such a motion, and that typically only happens if there's no evidence, or there's some defect in your pleading that would allow a dismissal. It would have to be as a "matter of law" rather than of evidence, which means it would have to be jurisdictional, or something outside of the statutes of limitation, or a failure to plead a cause of action on which relief could be brought. But again, for the court to do ANYTHING, he would need to ask the court to do so in a motion. The answer itself is not a document that would ask the court to actually enter a motion to dismiss or for summary judgment.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

RGMacEsq :

Did you have any other questions before you rate this answer?

RGMacEsq :

Are you there? Please note that I am still here, awaiting your response or rating...

RGMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

RGMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. Thank you, XXXXX XXXXX luck to you!

Customer:

Sorry, I am at work and needed to finish something, your answer is very insightful. At this point do I just wait for a court date and gather as much evidence for my counter claim?

RGMacEsq :

Yes, you could do that. You could also engage in "discovery" if possible (where you make requests for information, documents, etc... from the other side, although this is a bit more involved, and I would suggest that you check out a book on self representation from the library to give you more insight in to that.

Customer:

My claims are varied, can I send them to you for your input?

RGMacEsq :

Unfortunately I can't review or give specific advice regarding your specific case, as that would constitute "legal representation" and would violate the terms of service of this site...

Customer:

Got it. Well thank you very much.

RGMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

How can I get a print out of our conversation today?

RGMacEsq :

After you rate this, this will switch from chat to Q&A, at which point you'll be able to print it out, or copy and paste, etc...

RGMacEsq :

(you may need to refresh the page after rating)

Customer:

Okay, thanks.

RGMacEsq :

You're welcome, and again, good luck to you!

RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
Verified
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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 17,276
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