48. counterclaim

What is a Counterclaim?

A counterclaim is a legal claim made by a defendant against the plaintiff in response to the original lawsuit. It is essentially a defensive claim that allows the defendant to argue that they, too, have been wronged and are entitled to relief.

Key Aspects of a Counterclaim:

1. Filed by the Defendant – A counterclaim is submitted with the defendant’s response to the plaintiff’s lawsuit.

2. Directly Related to the Plaintiff’s Claim – It must arise from the same transaction or occurrence as the original lawsuit or be legally relevant.

3. Seeks Its Own Relief – The defendant requests compensation, damages, or other legal remedies from the plaintiff.

Types of Counterclaims:

• Compulsory Counterclaim – A claim that must be raised in response to the plaintiff’s lawsuit because it is directly related. If not filed, it may be forfeited.

• Permissive Counterclaim – A claim that may be raised even if it is not directly related to the plaintiff’s lawsuit. It can also be pursued separately.

Example of a Counterclaim:

• Scenario: A contractor sues a homeowner for non-payment.

• Counterclaim: The homeowner files a counterclaim stating that the contractor performed defective work, which caused financial losses.

Effect of a Counterclaim:

• Expands the lawsuit to address both parties' disputes in the same legal proceeding.

• Can reduce or eliminate the plaintiff’s claim if the defendant’s counterclaim is successful.

• Helps courts resolve related disputes efficiently in a single case.

Counterclaims are an important legal tool for defendants to assert their rights and seek justice while defending against a lawsuit.

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Reference

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1. Cornell Law School – Legal Information Institute: Counterclaim

• URL: https://www.law.cornell.edu/wex/counterclaim

• Explanation: This page provides a comprehensive overview of counterclaims, including their definition, types (compulsory and permissive), and the process of filing them in response to a plaintiff's claim.

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2. Merriam-Webster – Counterclaim

• URL: https://www.merriam-webster.com/dictionary/counterclaim

• Explanation: This dictionary entry defines "counterclaim" as an opposing claim, especially one brought by a defendant against a plaintiff in a legal action, and includes its usage as both a noun and a verb.

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3. FindLaw – Counterclaim

• URL: https://dictionary.findlaw.com/definition/counterclaim.html

• Explanation: This legal dictionary entry defines "counterclaim" as a claim for relief asserted against an opposing party after an original claim has been made, and compares it to related legal terms such as affirmative defense and cross-claim.

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4. Bar Prep Hero – Counterclaim

• URL: https://barprephero.com/legal-terms/civil-procedure/counterclaim/

• Explanation: This resource explains that a counterclaim is a pleading by a party that responds to the opposing party's claim by setting forth the pleader's own claim for relief or damages against that opponent, and discusses its role in civil procedure.

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5. United States Courts – Counterclaims, Cross-Claims, and Third-Party Complaints

• URL: https://www.uscourts.gov/services-forms/counterclaims-cross-claims-and-third-party-complaints

• Explanation: This page provides an overview of counterclaims, cross-claims, and third-party complaints, explaining their definitions, when they are used, and how they are filed in federal court.

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