A Minnesota Statement of Counterclaim is a legal document filed in response to a lawsuit in the state of Minnesota. It is used to assert a claim by a defendant against a plaintiff, in which the defendant is seeking damages, reimbursement, or other relief from the plaintiff. The Minnesota Statement of Counterclaim is filed with the court, and must include the name and address of the defendant, the name and address of the plaintiff, and a detailed description of the counterclaim. There are two types of Statement of Counterclaim: a General Counterclaim and a Specific Counterclaim. A General Counterclaim is a statement of any and all claims the defendant has against the plaintiff. A Specific Counterclaim is a statement of the specific claims the defendant has against the plaintiff.
Minnesota Statement of Counterclaim
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How to fill out Minnesota Statement Of Counterclaim?
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FAQ
A pleading must state as a counterclaim any claim that-at the time of its service-the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require adding another party over whom the court cannot
Example 1: Claim: Some people say that cell phones should be banned from schools, because they distract from learning. Counterclaim: Others say that students should be allowed to carry cell phones for emergency purposes. Rebuttal: There are plenty of other, less-disruptive ways for parents and students to communicate.
In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.
A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
The plaintiff shall serve a reply to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).
You can download the Statement of Counterclaim and Summons form online or get the form at your local courthouse. You must file the counterclaim and pay the filing fee (or file a fee waiver) at least 7 days before the scheduled hearing. You do not need to serve your counterclaim on the plaintiff.