What are the different types of counterclaims ?

A counterclaim is a claim brought against a plaintiff in a lawsuit by a defendant. For example, if a property owner sued a tenant for unpaid rental fee, the tenant might oppose with a counterclaim, which suggested that the property owner was actually in the legal wrong, in this manner hoping to make his or her claim invalid. Counterclaims are normally filed as part of a defendant’s reply to an original claim, and there is a exact style and format for counterclaims which must be followed for the court to recognize them.

A counterclaim raises issues, which a defendant would have brought up in a court case, if he or she had been given the opportunity to go to court first. As such, counterclaims can include string of material, ranging from accusations of counterfeit activity to claims, which would pre-empt any effort at a suit. The objective of a counterclaim is to turn the tables on the claimant by bringing up more issues in the case and demanding rectify.

In an obligatory counterclaim, the defendant must file a counterclaim or stay silent on the issue. Not all counterclaims are compulsory, and the rules differ, depending on the court’s region. Generally, compulsory counterclaims engage only with the original parties named in the suit, and they engross only the original situation, which was brought to court. Therefore, a bank could sue a client for unpaid fees, and the client could take action with a counterclaim that stated that the bank had used illegal tactics to recuperate those fees.

In a permissive counterclaim, a defendant may lift issues in a counterclaim, but if he or she does not, the right to charge for redress at a future point remains. In the example above, if the defendant were preparing on joining a class action lawsuit of bank customers who were treated poorly, he or she would not be indebted to file a counterclaim, because the suit would include extra parties and the scope of the claim would be bigger than the original suit.

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One Response to “What are the different types of counterclaims ?”

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    I am being harassed by Moorcroft Debt Recovery for £37.00p. this company is operating as an agent for N.Power! I have issued these people with copy reciepts showing the bill has been paid. I was wondering therfore – is it possible to issue a countersuit? Your comments would be much appreciated. Derek.

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