Demand debt required before counterclaim?

[mestressed]

What is the name of your state (only U.S. law)?
Wa

crooked contractor just served me. Court in 10 days. I want to counterclaim.
Counterclaim form makes 3 statements that I have to agree to-
1. Plaintiff owes me x amount.
2. Defendant (me) has demanded payment from plaintiff, and plaintiff refuses to pay.
3. I want court to dismiss plaintiffs case and award me x amount.

Must I demand payment before filing counterclaim? Not possible under current time constraints....

 

[latigo]

Must I demand payment before filing counterclaim? Not possible under current time constraints....

Absolutely not! In fact it is compulsory or mandatory that you file it or you waive the cause of action.

However, the fact that you may not have previously confronted the contractor with your claims could lend some suspicion as to their genuineness.

 

[BL]

https://forum.freeadvice.com/small-claims-courts-24/urgent-contractor-suing-me-need-counterclaim-advice-519218.html

What happened with the continuance ?

BTW Please do not start multiple threads on the same subject .

Get you counterclaim in .

That's it .

Both sides will be heard.

Follow the general rules for filing .

The clerk can give those directions , but not legal advice .

 

[mestressed]

Thank you for replies- sorry I did not acknowledge sooner, I am just now seeing them.

I have continuance, court resched 3weeks from now.

I APPRECIATE the advice! I don't understand how I can sign this counterclaim form, when paragraph 2 states I have demanded payment and plaintiff refuses. Should I send him a bill, and then go file the counterclaim? Should I just sign the form and file?

I had a super knowledgeable radiant heat guy assess the system, and document all the errors. Will I be able to substantiate with this document?

Thanks again! Sorry about second thread!