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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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I am answering a claim and want to add a counterclaim in tn

Customer Question

i am answering a claim and want to add a counterclaim in tn chancery court, hardin county tn
JA: Since laws vary from place to place, what state is this in?
Customer: TN
JA: Has anything been filed or reported?
Customer: The Plaintiff filed a claim in December 2016 but I had an attorney at that time. My attorney said their attorney would not enforce the 30 days because we were in discussion At settlement, The Plaintiff said they would get a new survey performed and send to us. They did not. Instead they filed a motion to default judgement because I did not file a response. They did this because I fired my attorney in Feb and trying to get me on a technicality.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have just now completed my answers BUT prior to mailing I dont know if I need to counterclaim now or wait. I am not sure
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Am i going to get information or why would I minimize you?
Submitted: 5 months ago.
Category: Legal
Expert:  Legal Eagle replied 5 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 5 months ago.

I'm sorry to hear about your situation. I often represent people who are responding to lawsuits. One of the things that I make as a matter of habit is including all of my counterclaims that I can think of along with my answers. You have to remember that the courts prefer efficiency so if you have a counterclaim, you should add it. If you click here, you can find a template of a response to a lawsuit that may help you out.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 5 months ago.
I am currently representing myself due to time constraints. I want to hire an attorney. I feel confident answering their claim but not confident in adding the counterclaim. do you think it still best to add now or let my new attorney add it?
Expert:  Legal Eagle replied 5 months ago.

If you're under a time constraint, I would add it now. Your new attorney may be able to either dismiss or support those counterclaims at a later point. But if it's not on the record now, you may not be able to assert them later.

Customer: replied 5 months ago.
can you send a form for counterclaim to add to answers?
Expert:  Legal Eagle replied 5 months ago.

What's interesting, is that all you have to do is put a new heading called COUNTERCLAIMS and then put in what your claims are underneath on the same document as your answer.

Expert:  Legal Eagle replied 5 months ago.

Did you have any follow up questions?