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A counterclaim is defined as a claim for relief filed against an opposing party after the original claim is filed.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
A Defendant may want to make a new claim of their own against the person that is suing them. This is called a ?counterclaim? or a ?defendant's claim?. Defendants can make a counterclaim if they think that the plaintiff owes them money for something they did.
A counterclaim is defined as 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.
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).
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.
Code § 1056. Rule 1056 - Counterclaim (a) The defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which the cause of action arose. (b) A conditional verdict may be entered in an appropriate case.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.