In some cases, you can file a counterclaim?
- Counterclaim is directed to offset requirements, specified in the original claim. For example, between the companies entered into two contracts, the first of them is debt of the company And the second company B. company a has applied to the court for recovery of debt under the contract. In this case company B can file a counterclaim for set-off claim of the plaintiff in connection with debt of the company And under the second contract.
- Satisfaction of counter claim precludes satisfaction of the initial claim. For example, a woman wants to collect child support, but man, if you doubt your paternity, you may file a counterclaim of paternity. If paternity is disputed, the to collect child support will not work.
- Between counter and initial claim there is a mutual connection. For example, a construction firm went to court with the claim about collecting of debts on construction contract with an individual entrepreneur. Latest may file a counterclaim about collecting of cost of the materials provided to them for construction, but not used by the firm and not returned to him.
How to write a counterclaim?
A counterclaim is made by the same rules as ordinary statement of claim. The header should indicate that the claim is a counter, for example, the header might look like the following: "Counter-claim".
At the beginning of the text is to indicate that the case at the initial claim has already been considered in court. It is also advisable to describe the reason the defendant chose to file a counterclaim, specifying one of the three aforementioned grounds.
The timing of the filing of the counterclaim
A counterclaim can be filed in the court before the court will make a decision on your case.
In what court filed a counter-claim?
For filing a counterclaim must apply to the same court, which shall consider the original complaint.
Stamp duty. Don't forget that when filing the counterclaim you must also pay the state duty. It is calculated in the same manner prescribed for payment of the state duty when filing the initial claim.