How do I go about filing a written defence to a counterclaim?

Hi

I filed a small claim against my former landlady for return of deposit.  She filed a counterclaim in response.

There was no form included for me to file a detailed rebuttal of this counter claim, only a small "Additional Information" box on the Allocation Questionnaire.

When and how do I file a detailed written rebuttal with supporting documentation?

There were no instructions about this within the pack sent to me containing her counterclaim.

Thanks in advance.

defence to counterclaim

Hi normally a reply & defence to counterclaim must be filed within 14 days of service - i therefore suggest that you do this and return the allocation questionnaire at the same time - put in the box marked "additional information" that a reply & defence to counterclaim is attached.

As it is in the small claim court the document filed can be quite informal, although I would set out all the court case details and parties and then detail your reply and defence to counterclaim - it may be best to he4ad the document as "Reply & Defence to Counterclaim".  Hope this assists.

Katie

Profile: I am a Solicitor at Sarginsons Law LLP and specialise in employment and civil litigation matters, including contractual disputes, professional negligence claims, landlord & tenant litigation and also disputed wills and contentious probate matters. If you wish to discuss any matter further, please telephone me on 02476 553181.

Thanks

Definitely.  Thanks very much.

Also...

Supplementary question:

How much attention does the Judge give these statements before the actual hearing?  Are they likely to pore over them or just skim to get a superficial idea of the facts?

I have quite a lot to cover but do not want to spend hours crafting a legal masterpiece if no one is going to read it.

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