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(Entry 1 of 2) : an opposing claim especially : a claim brought by a defendant against a plaintiff in a legal action.
If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.
Definition. 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 claim is the main argument. A counterclaim is the opposite of the claim, or argument.
Counterclaim. A counterclaim is a claim by a defendant against a plaintiff. The responsive pleading to the complaint may include a counter-claim. There is no filing fee to file a counter-claim.
What is the difference between a "counterclaim" and a "cross claim"?Also called a counterclaim, this is a direct claim back against the person who has initiated the lawsuit. A cross claim, on the other hand, is against someone who is a co-defendant or co-plaintiff.
The rule differentiates counterclaim and crossclaim. While they are both independent actions, counterclaim is only brought by the defendant against the plaintiff, crossclaim can be brought by the defendant against a co-party or by a plaintiff against a co-party.
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).