Is the defendant allowed to file a counterclaim or a setoff?
Yes. A counterclaim is a claim for damages presented by a defendant in opposition to or deduction from the claim of the plaintiff. It arises from the same set of circumstances on which the plaintiff filed his lawsuit. If proven, the defendant’s counterclaim will defeat or reduce the plaintiff’s claim. A setoff is a special type of counterclaim which the defendant files against the plaintiff. A setoff arises from a different set of circumstances than those on which the plaintiff filed his lawsuit. The defendant must file a counterclaim or set off on the written form provided him with the service of the complaint. He must then see that the plaintiff and court clerk receives a copy of the counterclaim. The defendant must bear the cost of the filing and service of the counterclaim, if any, but if he wins in court he will be reimbursed these costs by the plaintiff. Top of Page J. What happens if a party fails to show up on the date set for the claim? • If the defendant does not show up or a
