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What is counter claim?

Updated: 8/18/2023
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12y ago

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A counterclaim is a claim (lawsuit) made by a defendant (the person getting sued). Often times, if a person is taken to court they will file a claim against the person suing them. This is called a counterclaim. The person making the counterclaim is the counterclaimant.

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15y ago
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15y ago

A counterclaim is an affirmative claim that a defendant in a lawsuit brings against the plaintiff suing him or her. An "affirmative claim" is in addition to the usual defense to a plaintiff's complaint, where the defendant simply denies plaintiff's allegations against defendant. An example is in a car accident case where both sides believe the other was At Fault, plaintiff sues defendant for damages from the accident alleging defendant was negligent. Defendant files an answer denying plaintiff's allegations of negligence and adds a counterclaim alleging that plaintiff was negligent and that he or she caused the accident and demanding damages from plainitff. Under rules of procedure, plaintiff usually has to file an answer to the defendant's counterclaim.

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12y ago

Someone who is sued sues back.

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