Nebraska Counterclaim or Se toff of Defendant is a legal pleading that can be used in civil cases in the state of Nebraska. A counterclaim or set off of defendant is a legal response by a defendant in a civil action in which the defendant claims that they are entitled to a portion of the damages sought by the plaintiff, or that they are entitled to damages of their own because of the plaintiff’s alleged wrongdoing. There are three types of counterclaims or set offs of defendant in Nebraska, which are Compulsory Counterclaims, Permissive Counterclaims, and Affirmative Defenses. Compulsory counterclaims are claims that must be asserted by the defendant in the same action as the plaintiff’s claim. These counterclaims are related to the plaintiff’s cause of action and arise out of the same transaction or occurrence. Permissive counterclaims are counterclaims that are not compulsory but are related to the plaintiff’s cause of action, and arise out of the same transaction or occurrence. Affirmative defenses are defenses that assert that the defendant is not liable for the alleged wrongdoing because of a legal excuse or justification. These defenses can include contributory negligence, comparative fault, or statute of limitations. In any of these counterclaims or set offs of defendant, the defendant must provide evidence to support their claims. If the defendant does not provide sufficient evidence, the counterclaim or set off will be dismissed.