Affirmative claims

[TxBigGuy]

I am trying to answer the deemed admissions request from plaintiff and I am not sure about one of them.

1. You have no affirmative claims against the Plaintiff.

What does this mean? Does this mean I am not claiming any affirmative defenses that I listed in my Original Answer?

Thanks for your help.

[calawyer]

They are asking whether you have any grounds to sue the plaintiff.

[TxBigGuy]

Thanks,

But I thought that was asked in another question:

1. Do you have any counterclaims against plaintiff

So both questions are asking the same thing?

conterclaims and affirmative claims are the same??

[calawyer]

It is possible that counterclaims refer to claims actually asserted and affirmative claims mean viable claims that are not asserted. In any event, make sure you leave yourself some wiggle room in case you discover a violation (i.e. Object on the ground that it calls for a legal concluision. defendant is not an attorney and defendant may be unaware that certain facts constitute a claim under applicable law.)