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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1018
Experience:  Dual qualified Solicitor and Attorney
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Can counter claim a counter claim in small claims court?

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Can counter claim a counter claim in small claims court?
JA: Where is this? It matters because laws vary by location.
Customer: london
JA: What steps have been taken so far?
Customer: i have claimed for damages to my property but only the most recent damages i have rcvd a counter claim from the leaseholder with a counter claim for past unjustified amounts,
JA: Anything else you want the lawyer to know before I connect you?
Customer: the counterclaim went over the date sepcified by the court so not sure why they allowed?
Hi thank you for your message, yes you can counterclaim and the court could allow it at their discretion as in this case if for example they feel you have not been unduly prejudiced by the delay. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 3 days ago.
if the counterclaim can be proved that the amo claim are not justified will the court squah?
squash?
Customer: replied 3 days ago.
the leaseholder is claiming for roof damage but the lease states that the roof is the responsibilty of the leaseholder and not joint can i just send a copy of the lease part that states this to refute?

Hi thank you for your message, if the counter claim is not justified then the court will not uphold that part of the claim. It is likely that there will be a hearing where arguments regarding both the claim and counter claim are heard. In responding to the counter claim you should file a response, in which you accept or deny each point in the counterclaim. The court will provide directions when each party must supply to the other and the court documents on which they seek to rely at that point you can attach the lease and then in the hearing refer to the relevant part. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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