What is a counterclaim? What are conditions for a counterclaim to be accepted? | Le & Tran (2024)

A counterclaim is the right of the defendant in civil case to file a claim against the claimant (filing against the claimant’s claim). A claim is considered a counter-claim in the following cases:

• • The counterclaim is made to offset the liability against the claim of the claimant or an independent claim of a person with related interests or obligations.
  • A counterclaim, if proven, will result in a partial or full exclusion of the claim of the plaintiff or the independent claim of the person with related interests or obligations.
  • There is an interrelationship between the subject matter of the counterclaim and the claim of the claimant or the independent claim of the person with related interests or obligations. As such, if all claims were settled in the same case, the settlement will be more accurate and efficient.
  • The counterclaim will be accepted if it falls into one of the above categories and is filed before the opening of the meeting to examine the handover, access, and disclosure of evidence and mediation.

The defendant is entitled to file a counterclaim before the opening of the hearing on examination of the handover, access, and disclosure of evidence and mediation.