First Time Poster / Civil Complaint Issues / Pro-Se

[Hughes101]

Jurisdiction

Indiana

Hello, I am in need of some guidance in my defense of a civil complaint against me over a deed transfer of property (residence). I have been served, answered, and counterclaimed. I can not afford an attorney, and will do this pro-se, Can someone be kind enough to answer a few questions along the way? Thank You for this opportunity.

 

[army judge]

We don't provide step by step guidance.
We are happy to, and do attempt to provide answers to a question here or there.

 

[Hughes101]

Thank You Army Judge, ok my question is this, I'm the defendant, and have counterclaimed. if the plaintiff chooses not to proceed further, as I've not heard anything since their answer to my counterclaims, must I file my own complaint with the clerk to guarantee my counterclaims will be heard before the 2 year statute of limitations run out on them? Thank You

 

[army judge]

Bear in mind the rules of civil procedure govern how civil lawsuits are filed and litigated. Those rules vary greatly across the 50 states.

Therefore, my answers will tend to be generic. You must then validate them, if you choose to do o against Indiana's code of civil procedure.

Based upon YOUR recitation regarding the lawsuit, you've answered the plaintiff's claims AND counter claimed. If the defendant fails to answer your counter claim, it's safe to assume the defendant might ail to appear. If that appends and you appear, the plaintiff's claim will get dismissed. Your counter claim could then be heard, or your relief granted due to the plaintiff's default.


Indiana Rules of Trial Procedure

 

[Hughes101]

Thank You again for your timely answer. The counterclaim I filed with my answer to their lawsuit has been answered by their attorney, with no clerks date stamp, nor have I heard anything since about any court date set, so I am assuming maybe they are re-thinking this, and choosing to not ask for a court date, I'm just not sure, so I'm guessing the answer is yes, I must file a lawsuit of my own if I want to be guaranteed these counterclaims are heard, as if they don't proceed with even asking for an initial court date as of today is absent.

Trying to find the answer to that question in that link is hard, as I've been there dozens of times already, but can accept a generic answer, or as to how this would be recognized, or handled in your state.

 

[army judge]

If you have issues you want heard, I'd file them as the plaintiff in my own lawsuit. That ensures you get your day in court and your claims are addressed.