§ 1758. Counterclaim or setoff by verified answer

Cite as: 41 CNCA § 1758

No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter arising under the Cherokee Nation Non–Residential Landlord and Tenant Act or the Cherokee Nation Residential Landlord and Tenant Act, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the Clerk of the Court not later than seventy-two (72) hours prior to the hour set for the appearance of said defendant in such action. Such answer shall be made in substantially the following form:

COUNTERCLAIM OR SETOFF

In the District Court of Cherokee Nation

_______________________________

Plaintiff

vs.LT No._______________________

_______________________________

Defendant

CHEROKEE NATION)

)ss.

CHEROKEE COUNTY)

________, being first duly sworn, deposes and says: That said plaintiff is indebted to said defendant in the sum of $_______ for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.

Subscribed and sworn to before me this ____ day of ____, 20 ____.

_____________________________________

Notary Public (Clerk or Judge)

My Commission Expires:

________________________

Historical Data

LA 17–91, eff. December 14, 1991.