Fill and Sign the Answers Counterclaim Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI PLAINTIFF/COUNTER - DEFENDANT VS. CASE NO. DEFENDANT/COUNTER - PLAINTIFF AFFIRMATIVE MATTERS, ANSWER TO COMPLAINT FROM DEFENDANT, , COUNTER - CLAIM and MOTION FOR SANCTIONS COMES NOW, , Defendant in the above styled and numbered cause, and files this his/her Affirmative Matters and Answer to Complaint and his/her Counter - Claim, and in support thereof, would show unto this Honorable Court the following facts, to - wit: FIRST AFFIRMATIVE MATTER That pursuant to the Mississippi Rules of Civil Procedure, Rule 12(b)6, the Plaintiff, , fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE MATTER This Defendant would affirmatively show that the court lacks jurisdiction over the defendant, . THIRD AFFIRMATIVE DEFENSE This Defendant would affirmatively show that the Plaintiffs' Complaint is filed in an improper venue. ANSWER 1. This Defendant is without knowledge or information Sufficient to form a belief as to the truth of Paragraph Office address is ; that he/she is a non - resident of the State of Mississippi; but he/she denies all remaining allegation of said paragraph and would & demand strict proof thereof. 2. Defendant admits the allegations contained in Paragraph "3" of the Complaint. 3. Defendant denies the allegation contained in Paragraph "4". 4. Defendant admits that there is a debt owed that forms the subject matter of this controversy, but denies the allegations contained in Paragraph "5". 5. Defendant denies the allegation contained in Paragraph "6". 6. Defendant denies the allegations contained in Paragraph "7". 7. Defendant denies the allegations contained in Paragraph "8". 8. Defendant denies the allegations contained in Paragraph "9". 9. Defendant denies the allegations contained in Paragraph "10". COUNTER - CLAIM Defendant, standing as counter - plaintiff, brings this his/her counter - claim for breach of contract against the Plaintiff/Counter - Defendant, and in support thereof would show onto the court the following to - wit: 1. That Plaintiff/Counter - Defendant is indebted to the Defendant/Counter - Plaintiff in the amount of $       on a loan of $       of which only $       was repaid. 2. In the alternative, Defendant/Counter - Plaintiff would show that on             ,       , Plaintiff/Counter - Defendant entered into an oral loan agreement with the Defendant/Counter - Plaintiff wherein the Plaintiff/Counter - Defendant agreed to repay the sum of $       advanced to her by the Defendant Counter - Plaintiff. 3. That the Defendant/Counter - Plaintiff would show that the sum of $       sued on herein is, in fact, the amount owed to the Defendant Counter - Plaintiff by the Plaintiff Counter - Defendant in that Plaintiff/Counter - Defendant stopped repaying the loan after repaying only $       . 4. That in the second alternative Defendant/Counter - Plaintiff alleges and charges that the Plaintiff/Counter - Defendant is indebted to the Defendant/Counter - Plaintiff in the amount of $       on an open account. A different account in support thereof as contemplated in Miss. Code Ann. Section 11 - 53 - 81 (Supp. 1984), and failure to pay the within thirty (30) days after receipt thereof has entitled the Plaintiff to a reasonable attorney's fee for the prosecution and collection of such claim. A copy of the same written demand is attached hereto as Exhibit "A". MOTION FOR SANCTIONS Defendant/Counter - Plaintiff would show that the Plaintiff/Counter - Defendant's action as filed herein is merely an attempt to avoid paying the monies owed to the Defendant/Counter - Plaintiff and as such the said action is frivolous or has been filed solely for the purpose of harassment. The Court should impose sanctions against the Plaintiff/Counter - Defendant pursuant to Rule 11 of the Mississippi Rules of Civil Procedure. Said sanctions to include all of the reasonable expenses incurred by the Defendant and reasonable attorney's fees incurred in the defense of the Complaint for Damages and Declaratory Judgment. WHEREFORE PREMISES CONSIDERED, Defendant, , prays that this his/her Affirmative Defenses, Answer to Complaint, Counter - Claim, and Motion for Sanctions will be received and filed and that upon a final hearing hereof this Court will: 1. Dismiss the Plaintiff/Counter - Defendant's Complaint and award the Defendant/Counter - Plaintiff with all costs of this action, including all costs of Court and reasonable attorney's fees. 2. Enter a final judgment as follows: collection of this debt. 3. Sanction the Plaintiff/Counter - Defendant for bringing this frivolous and harassing suit, and award the Defendant/Counter - Plaintiff a sum that includes a reasonable attorney's fee, and all cost incurred defend this action. Defendant/Counter - Plaintiff request all other general and specific relief. Respectfully submitted, _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I, , hereby certify that I have this day mailed by U. S. Mail, first class, postage prepaid, a true and correct copy of the above and foregoing Affirmative Matters, Answer to Complaint, and Motion for Sanctions, of the Defendant/Counter - Plaintiff, , to the Honorable and Honorable , at their usual address of . SO CERTIFIED, this the day of , 20 . ______________________________________