Now that you have completed your Answer and Counterclaim form, you need to first file it in District Court AND second, serve a file-stamped copy on your landlord or your landlord's attorney. It is best to do this BEFORE your Answer date. If you can't file your counterclaim before the Answer Date deadline, you may ask the judge for "leave of the court to file a counterclaim."
FILING YOUR ANSWER & COUNTERCLAIM
- Make 5 copies of your completed Answer and Counterclaim
- Gather money to pay the filing fee, or complete and submit the Ex Parte Application For Relief from Costs; Declaration form.
- This form can be found at the District Court in your Circuit. Answer all of the questions. Sign and date where necessary. Fill out the entire form except for the "Order" section on the last page; this is where the judge will sign.
- It is important that you file the Relief from Costs form at least one day (24 hours) before you file your counterclaim.
- Once you filed the Relief from Costs, the court clerk will ask for a phone number where you can be reached. Once a judge has made a decision on your application, the clerk will try contacting you. If you do not receive a response from the clerk, go to the District Court the following day and ask the clerk for the court's decision.
- File all 5 copies of your Answer and Counterclaim in District Court.
To file, go to the District Court in your Circuit with the following items: all 5 copies of completed Answer and Counterclaim, either cash or credit card to pay the filing fee OR a copy of your approved Ex Parte Relief from Costs form if you have one. The clerk will file-stamp all 5 copies. He/she will keep one for the court's records and immediately return 4 file-stamped copies of your Answer and Counterclaim.
SERVING YOUR ANSWER AND COUNTERCLAIM
Once the clerk returns file-stamped copy of your Answer and Counterclaim, you need to serve it on your landlord or your landlord's attorney within 24 hours, preferably on the same calendar date. You can do this by registered mail (return receipt requested), or in-person. The address at which you may serve a file-stamped copy on your landlord or landlord's attorney should be listed on the Complaint.
Note: IF the Answer Date is less than 48 hours away, you should hand deliver your file-stamped Answer and Counterclaim, rather than sending it by mail. If you send it by mail, your landlord or your landlord's attorney may argue that they were not served on or before the Answer Date, and therefore, did not have sufficient notice. The judge could strike (disallow) your counterclaim from the case document list.
If you can't file or serve your Answer and Counterclaim on or before the Answer Date, then you should ask the judge for "leave of court to file a counterclaim." In other words, you are asking for more time in which to complete, file, and serve the forms. The judge may grant or deny your request.