Defendants Answer-Counterclaim {4}

Form 4 - DEFENDANT'S ANSWER/COUNTER CLAIM. This form is used in North Dakota Small Claims Court to respond to a Claim Affidavit (Form 2) filed by a plaintiff. This form allows a defendant to notify the court and the plaintiff that they intend to contest the claim and, if appropriate, to bring a counterclaim against the plaintiff. The defendant must indicate whether they do not owe any part of the amount claimed, owe only part of it, or admit to owing the full amount. If the defendant files a counterclaim, it must arise out of the same transaction or dispute as the plaintiff’s claim and cannot exceed $15,000 in Small Claims Court. The completed form must be filed with the Clerk of District Court and served on the plaintiff at least 48 hours before the hearing. If the counterclaim exceeds $15,000, the matter must be filed in District Court instead. This form also serves as the defendant’s written answer if they choose to defend themselves in writing rather than appearing in person. Defendants have 20 days from the date they receive the Claim Affidavit—either through personal service or certified mail—to request a hearing or removal to District Court. If the defendant fails to respond or appear, the court may issue a default judgment in favor of the plaintiff. www.FormsWorkflow.com