How do I write an answer to a counterclaim for Magistrate’s Court?

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How do I write an answer to a counterclaim for Magistrate’s Court?

My landlord did not return my security deposit with in 30 days per state law. He did not notify us until after this time of problems he found that we know have been fabricated and are false. We initiated the claim. I need advice on writing the counterclaim answer. Do I go into gret detail, or is a simple response best?

Asked on June 17, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is difficult to give guidance here since one can not see the counterclaim in question.  Some times a "general denial" is best but that can work against you in landlord tenant court.  If the allegations are numbered (1, 2, etc.) then answer them in the same way.  And state that you deny each and every allegation in paragraph "1" of the counterclaim.  Your detail will be your defenses.  These can be put in as "affirmative defenses" in the response.  Clerks in L&T some times help pro se parties.  Go ask.  Good luck.


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