Complaint / Counter Claim Questions


#1

I filed a complaint for custody.
My STBX filed an answer to that, plus hit me with a Counter Claim for post separation support, among other things.

Do I have to file an answer to her counter claim ?
If so within how many days ?


#2

You should file a Reply to the counterclaims in which you will admit or deny the allegations. You have 30 days to do so.


#3

I read the Wake Co Family Rules, and did not see where it says I have 30 days.
Does it say it in there ? If not where ?
http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Default.asp

What form do I use to reply ?
Do I have to have it notarizied ?


#4

There is no form per se. A reply is a line by line response to the allegations in the counterclaims. The time requirement is in the North Carolina Rules of Civil Procedure. You are not required to file a Reply, but if you do it must be within the 30 day time limit.


#5

30 days from the filing of the Counter Claim, from the certificate service date, or the date I actually received it in the mail ?


#6

The date you actually received it.


#7

Erin - I want you to know how Much you are Appreciated !!!
I know I’d be lost without your advice.

Onto my question…

If I choose not to reply to the counterclaim, and we end up in court, am I allowed to dispute it then ?
I mean would the Judge refuse to hear my side of the story because I did not reply to the counter claim in 30 days ?


#8

No, the allegations are deemed to be denied if a reply is not filed, but I would advise you to cover all your bases and filed a reply.


#9

Erin -

  1. I will reply to the counter claim
    If I did not reply, would a judge understand that my non reply meant I disagreed with all the allegations ?
    Then in court would I be allowed the opportunity to tell my side ?

  2. In my Reply, I believe I either state ‘Admitted’ or ‘Denied’ per numbered item, correct ?

  3. On the items I ‘Deny’ must I state why I ‘deny’ the allegations ?
    Or can I just put ‘Denied’ ?

Sorry to be a pest !


#10

Yes, no response is deemed a denial in the case of a reply. You will be entitled to present your side of the case in court with respect to each claim.

Yes, you either state “admitted or denied”. You need not include your reasoning.

You are not a pest, we are here to help.


#11

Question can you point me in the direction of which rule of civil procedure says that if a counter claim is not answered all allegations are demeed denied?


#12

This is only the case if you are dealing with a pleading in which no response is required; in that case the allegations are automatically denied/avoided. The North Carolina Rules of Civil Procedure Rule 8 (d) provides the following:

“Effect of failure to deny. - Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.”