counterclaim (2024)

FAQs

What is counterclaim and example? ›

When one person sues another in a court of law and the defendant responds by filing their own lawsuit against that person, that's a counterclaim.

A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.

A counterclaim is an argument that argues in opposition to the author's claim. An effective counterclaim works to disagree with and disprove the author's claim.

A counterclaim is a claim for relief by the defendant against the plaintiff. The answer or response ("Responsive Pleading") to the complaint may include a counterclaim. There is no filing fee to file a counterclaim.

I heard he'd be out in a day and was considering a counterclaim. The defendant may also file a counterclaim against the plaintiff, or a cross-claim against a fellow defendant. The company stated it was owed income from contracts ending in 1918, the government counterclaimed several years later that it was overcharged.

Counter-claims will help you develop a well-rounded argument by showing you've considered many possible positions on your topic. 1. If something about the text or issue you are considering bothers or intrigues you, make note of it.

A counter-argument can appear anywhere in your essay, but it most commonly appears: As part of your introduction—before you propose your thesis—where the existence of a different view is the motive for your essay, the reason it needs writing.

What is a counterclaim paragraph example? ›

Example: Many people argue that bullying is a natural part of our humanity and that preventative measures are ineffective against this element of the human condition; however, they fail to understand that bullying is a cycle that has been perpetuated for centuries and that all cycles can be broken.

A typical counterclaim should be at least one paragraph long. Remember that you are not just stating it but explaining why it is so. That is why most guides on writing a counterclaim and rebuttal will recommend either writing them in one paragraph or separately.

If the defendant fails to assert a counterclaim in their answer, they are thereafter precluded from asserting it against the plaintiff in the plaintiff's pending action or in an independent action.

If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

Imagine getting in a car accident that wasn't clearly the fault of either driver. If the other person is injured, she might sue you to pay her doctor bills. If you, in turn, have a hurt neck requiring a trip to the hospital, you could file a countersuit, hoping to make her pay your medical expenses.

CLAIM: Spinach is better for you than chocolate. EVIDENCE: 1. One cup of spinach only has 7 calories while only 1 ounce of dark chocolate has 150 calories.