What is a counterclaim?
A counterclaim is a claim for relief or compensation made against the Plaintiff. This action can also be termed as a counteraction that is taken by the Defendant towards the Plaintiff. • b. Please Note: There is a filing fee for a Counterclaim. Superior Courts charge $200.00 for a counterclaim. District Courts may charge $53.00 for a counterclaim. 5. Your signature, address, telephone number, and the date. 6. You must deliver a copy of your Answer to the Plaintiff’s lawyer, or the Plaintiff if s/he does not have a lawyer, within 20 days after you received the Summons and the Complaint. The Plaintiff’s lawyer or the Plaintiff must receive your Answer within 20 days after you are served with the Summons and the Complaint. There are two ways to deliver the Answer. • a. You can deliver the Answer in person to the Plaintiff’s lawyer or the Plaintiff. If that person does not have a lawyer, get a stamped “received” copy to prove that you delivered a copy. • b. You can deliver the Answer using
A counterclaim is a claim which is brought against a plaintiff in a lawsuit by a defendant. For example, if a landlord sued a tenant for unpaid rent, the tenant might respond with a counterclaim which suggested that the landlord was actually in the legal wrong, thereby hoping to render his or her claim invalid. Counterclaims are typically filed as part of a defendant’s answer to an original claim, and there is a specific style and format for counterclaims which must be followed for the court to accept them. Essentially, a counterclaim raises issues which a defendant would have brought up in a court case, if he or she had been given the chance to go to court first. As such, counterclaims can contain a variety of material, ranging from accusations of fraudulent activity to claims which would pre-empt any attempt at a suit. The goal of a counterclaim is to turn the tables on the plaintiff by bringing up more issues in the case and demanding redress. In a compulsory counterclaim, the defen
A counterclaim is a statement you write that tells the court why your landlord owes you money. A counterclaim is different from an answer because a counterclaim allows you to ask for money from the person evicting you. One reason to write a counterclaim is if you don’t think that your rental unit was worth what you paid for it. For example, you may feel that your apartment was worth 200 dollars less than you paid for it because your landlord didn’t maintain your apartment. You could then write a counterclaim asking for 200 dollars for each month that your landlord didn’t maintain your apartment. You can also write a counterclaim to collect for any costs you paid to repair your rental unit yourself, or for any injuries you suffered or personal property that was damaged because your landlord didn’t maintain your rental unit. If you paid a security deposit, you can ask for your security deposit in your counterclaim. These are some of the reasons to write a counterclaim. SHOULD I FILE AN A
Sometimes the defendant may have a claim against the claimant and may counter sue the claimant in the same case. This is known as a “counterclaim” and it can be made for up to $5,000 in money damages. The defendant must come to court prepared to prove the counterclaim. You have the right to reply to a counterclaim but are not required to do so. The defendant is required to file his or her counterclaim with the court within five days of receiving your notice of claim and must pay the court a fee of $5.00 plus the cost of mailing the counterclaim to you. If the defendant fails to file a counterclaim within the five-day period, the defendant may still file the counterclaim until the time of the trial. The judge then may either proceed with the trial or adjourn the trial for a short period of time. However, if the defendant did not file the counterclaim within the five-day period, the judge must adjourn the trial to a later date if you so request. If you receive notice of a counterclaim ag
