# Deadline to respond to a counterclaim

**URL:** <https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288>\
**Category:** Divorce and Separation Answers\
**Created:** [July 25, 2005, 7:42pm UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288 "2005-07-25T19:42:14Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Lisa\_Angel](https://avatars.discourse-cdn.com/v4/letter/l/3da27b/32.png) [@Lisa\_Angel](https://forum.rosen.com/u/Lisa_Angel)\
**Post date:** [July 25, 2005, 7:42pm UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/1 "2005-07-25T19:42:14Z")

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You have 30 days to respond to a counterclaim similar to the time period requirement of a complaint.

Lisa M. Angel  
Board Certified Family Law Specialist  
The Rosen Law Firm  
4101 Lake Boone Trail, Suite 500  
Raleigh, NC 27607  
(919) 781-1741 direct voice  
(919) 256-1660 direct fax  
(919) 787-6668 main voice  
(919) 787-6361 main fax  
[NCdivorce.com](http://www.NCdivorce.com)  
email: [angel@rosen.com](mailto:angel@rosen.com)

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

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**Author:** ![jcom100](https://avatars.discourse-cdn.com/v4/letter/j/c67d28/32.png) [@jcom100](https://forum.rosen.com/u/jcom100)\
**Post date:** [August 22, 2005, 11:16am UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/2 "2005-08-22T11:16:39Z")

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What happens if you don’t respond within 30 days?

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**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\
**Post date:** [September 7, 2005, 3:51pm UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/3 "2005-09-07T15:51:58Z")

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Dear jcom100:

Greetings. If you don’t respond to the counterclaim, then the other side may file a Motion for Summary Judgment and win on their issues. Thank you.

Janet L. Fritts  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100  
Charlotte, North Carolina 28262  
704.644.2831 main voice  
704.307.4595 main fax

1829 East Franklin Street, Bldg 600  
Chapel Hill, NC 27514  
919.321.0780 main phone  
919.787.6668 main fax

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

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**Author:** ![rummy](https://avatars.discourse-cdn.com/v4/letter/r/ad7895/32.png) [@rummy](https://forum.rosen.com/u/rummy)\
**Post date:** [September 8, 2005, 6:28am UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/4 "2005-09-08T06:28:19Z")

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Dear Janet,

I live in Guilford County, NC. The other party did not respond to my counterclaim on time. But my attorney did not file a Motion for Summary Judgement!  
So what can be done now? Should my attorney set a calendar date for Divorce from Bed and Board? And is there any other form/Motion that I need to file?

Thanks

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<div class="post-metadata">

**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\
**Post date:** [September 18, 2005, 5:23pm UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/5 "2005-09-18T17:23:25Z")

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Dear rummy:

Greetings. Have them file a Motion for Summary Judgment or set the case for hearing. Thank you.

Janet L. Fritts  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100  
Charlotte, North Carolina 28262  
704.644.2831 main voice  
704.307.4595 main fax

1829 East Franklin Street, Bldg 600  
Chapel Hill, NC 27514  
919.321.0780 main phone  
919.787.6668 main fax

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

---

<div class="post-metadata">

**Author:** ![rummy](https://avatars.discourse-cdn.com/v4/letter/r/ad7895/32.png) [@rummy](https://forum.rosen.com/u/rummy)\
**Post date:** [July 25, 2005, 11:14am UTC](https://forum.rosen.com/t/deadline-to-respond-to-a-counterclaim/2288/6 "2005-07-25T11:14:56Z")

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As per NC laws, in a divorce (from bed and board), is there a deadline to respond to a Counterclaim filed by the defendant? In other words, how many days’ time does the court give the plaintiff to respond to the counterclaim?
