agencykiller Posted April 10, 2008 Report Share Posted April 10, 2008 I submitted my counterclaim to the courts and lawyers for the JDB 20 days ago and have not heard anything back yet. What is the typical response from the JDB?Can they file for a dismissal, if they do, how do I respond? Link to comment Share on other sites More sharing options...
flacorps Posted April 10, 2008 Report Share Posted April 10, 2008 The equivalent of a motion to dismiss the counterclaim would be a motion to strike it (dismissing wouldn't be appropriate, because the JDB has a claim and they want that claim to stay in court. The JDB could answer the counterclaim point-by-point ... perhaps even admitting to everything. The JDB could enter affirmative defenses to the counterclaim as well. Only time will tell what you get back. A counterclaim that doesn't get stricken is a powerful tool in the hands of a debtor. Link to comment Share on other sites More sharing options...
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