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MARICOPA COUNTY JUSTICE COURT

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CIVIL COUNTERCLAIM

© Justice Court in Maricopa County June 23, 2005 ALL RIGHTS RESERVED FORM (#)

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MARICOPA COUNTY JUSTICE COURT

A counterclaim is a claim made by the defendant against the plaintiff. A counterclaim should be filed at the same time the defendant's answer is filed (Refer to the Civil Answer packet). If you have already filed an answer, you must file a motion requesting permission to file a counterclaim. If the amount of your counterclaim EXCEEDS $9,999.99 the civil case will immediately be TRANSFERRED TO THE SUPERIOR COURT and appropriate filing fees will be assessed by the Superior Court before processing can commence.

Please STOP...
If you have not been served with a civil summons and complaint. If there has already been a judgment rendered.

If you have not filed an answer to the civil complaint.

Please PROCEED...
If you are within the prescribed time limit of filing counterclaim and are filing or have filed an answer.

FORMS Needed:
Civil Counterclaim

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MARICOPA COUNTY JUSTICE COURT

INSTRUCTIONS:
1) 2)

3) 4) 5)

Complete the form(s) Make copies of the answer form and counterclaim form. The court will require an original of each and you may wish to have copies; additionally each named plaintiff will need a copy. File papers with the court clerk Pay the answer fee, there is no fee for the counterclaim. Mail the copies to the plaintiff(s).

IT IS IMPORTANT THAT ALL PARTIES KEEP THE COURT APPRISED OF ANY CHANGE IN ADDRESS A NOTICE OF CHANGE OF ADDRESS form must be filed with the court when a party changes their address.

Visit us at www.superiorcourt.maricopa.gov/justicecourts for additional filing information and online forms.

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Maricopa County Justice Courts, Arizona
_________________________________________________________JUSTICE COURT

CASE NUMBER: ______________________________

Plaintiff(s)
Name / Address

Defendant(s)
Name / Address

ATTORNEY for Plaintiff
Name / Address

ATTORNEY for Defendant
Name / Address

COUNTERCLAIM
Defendant, having filed an answer to plaintiff's complaint, now counterclaims against the following named plaintiff(s) __________________________________________________________________________________, as follows: This is what Counter-defendant/ Plaintiff has done to cause the damages I am claiming: (state wrongful acts) 1. 2. 3. I am asking the court to award me judgment against the Counter-defendant/ Plaintiff(s) in the sum of $ ____________. (state claimed damages) I am also asking for reimbursement of my court costs and interest at the legal rate from the date of judgment. I state under penalty of perjury that the foregoing is true and correct.

Date: ____________________

_______________________________________ Counterclaimant/ Defendant

I CERTIFY that I have mailed / will mail a copy of this COUNTERCLAIM on this same day to: Plaintiff' at the above address or Plaintiff's attorney Date: ____________________ By: _________________________________________________ Counterclaimant/ Defendant TO COUNTER-DEFENDANT/ Plaintiff(s): You have twenty (20) days to respond this counterclaim by filing a written reply. If you fail to do so, a default judgment may be entered against you for the relief sought by the party filing the counterclaim.

CV 8150-103 R:03-05