Answer Counterclaimer Format
Answer Counterclaimer Format
VS
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EXP. NUMBER -----------------------
ALIMONY.
PRESENT:
PERFORMANCE:
A.- Regarding this benefit, action and right are denied; it is unfounded and
improper for the now counterclaimant to request from the -----------------------------,
the payment of provisional and, if applicable, definitive alimony; this in terms of the
answer that will be made in the chapter on facts.
B.- As to this benefit, action and right are denied; it is unfounded and
improper for the now counterclaimant to request from this family authority, the
securing of the C. ------------------------, of a sufficient and sufficient alimony; this in
terms of the answer that will be made in the chapter of facts.
C.- As to this benefit, action and right are denied; it is unfounded and
improper for the now counterclaimant to request the C. ----------------------, the
payment of expenses and costs generated by the present case; because in
application of Article 140, first paragraph, and sections V and VI, all of the Code of
Civil Procedures for the Federal District, this judge, due to the means of evidence
that will be presented at the appropriate procedural moment, will reach the
conviction of absolving this defendant from the payment of the expenses and costs
claimed, given the recklessness and the recklessness of the defendant.n of the
means of evidence that will be presented at the appropriate procedural moment,
will reach the conviction of absolving the now counterclaimed from the payment of
expenses and costs claimed, given the recklessness and bad faith with which the
C. ------------------------- which are evident from the narration of the Facts of this
counterclaim, as well as the notorious inadmissibility of the present counterclaim.
4.- This fact that is contested, is false; in reason that although, as the
counterclaimant alleges, we sold motu proprio to our son named
-------------------------------, the one located at ----------------------------------, on
September 21, 2017; it is also true that the now counterclaimant, "forgets to
mention", that from that purchase and sale he received the amount of $588,000.00
(five hundred eighty eight thousand pesos 00/100 M.N.); which will be accredited at
the opportune procedural moment, again evidencing the bad faith with which the
counterclaimant conducts himself.
5.- This fact is neither affirmed nor denied, given that it is not a fact proper to
the now defendant; but it is not an obstacle to the above, that this H. Authority of
knowledge to consider as an express confession, on the part of the plaintiff, what
he indicates in this section, that he currently rents the apartment he refers to
therein, for the amount of $4,400.00 (four thousand pesos 00/100 M.N.) per
month, which translates into the fact that the C. ---------------------------------------,
somehow has the economic solvency to maintain the aforementioned lease, as
well as to cover the basic and minimum accessory expenses (water, electricity,
property tax); which contradicts what is also alleged in its fact number 3, that it
does not have any income at all, because its company ------------------, SAPI DE
C.V., has not generated any economic benefits either; hence, the falsity of the
counterclaimant's statements is proven, notwithstanding the fact that he makes
them UNDER OATH TO SAY THE TRUTH before this family authority, as well as
the bad faith and evident malice with which C. -----------------------.
1
Article 255. Every judicial proceeding, whether principal or incidental, shall be commenced by a complaint,
which shall
expressed:
I. The court before which it is promoted;
II. The name and surname of the plaintiff and the address to be notified;
III. The defendant's name and address;
IV. The object or objects to be claimed, with their accessories;
V. The facts on which the plaintiff bases his petition, in which he shall specify the documents
public or private that are related to each event, as well as whether or not he has them at his disposal.
disposition. It will also provide the names and surnames of the witnesses who will be present.
witnessed the relative facts.
It must also number and narrate the facts, stating them succinctly, clearly and clearly, and
accuracy; (
...)
INCIDENTS, APPEALS OR PROMOTIONS THAT ARE NOTORIOUSLY
MALICIOUS OR IMPROPER. ITS CONNOTATION. Article 57 of the Federal Code
of Civil Procedure provides that the courts will never admit incidents, appeals or
motions that are notoriously malicious or improper, and that they will dismiss them
out of hand, without the need to inform the other parties, nor to transfer them or
form an article. In this regard, the malice in the promotions is present when in them
the bad faith of the promoter is identified, for example, when he seeks to delay the
execution of some resolution or to avoid that a judicial decision is materialized; on
the other hand, the notorious impropriety is configured when from the simple
reading of the promoIn the same way, the notorious inadmissibility is configured
when the simple reading of the request shows in a patent and absolutely clear way
the certainty and full conviction that the admission or acceptance of the request will
not give rise to a different decision from the one that can be taken from the outset;
so that what the mentioned article tries to avoid is the processing of a motion that
is idle.In such circumstances, the prior hearing of the interested party is not
indispensable, nor is the admission of the request, since it would be useless to
process it because it lacks the necessary legal basis, since it lacks the necessary
legal basis.In such circumstances, it is not indispensable to previously hear the
interested party or to admit its promotion, because it is useless to process it due to
the lack of the corresponding subjective or procedural right, because of the
inadmissibility of the petition formulated within the respective procedure, this, in
order to observe the principles of promptness and procedural expeditiousness
contained in Article 17, second paragraph, of the Political Constitution of the
United Mexican States.
The scope and probative value of each and every one of the means of proof
offered by the counterclaimant are objected to in a general manner.
6.- EXCEPTION OF SINE ACTIO AGIS - Consists in the fact that the
plaintiff does not have the procedural right to urge the jurisdictional organ to
resolve in its favor.
LAW.
6.-
Derived from the foregoing to You C. Judge, I kindly request your attention:
SECOND.- Please take into consideration the manifestations that are made
and consequently certify the express confession that derives from the statement of
defense, as well as the contradictions in which the defendant incurs.
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