Counterclaim

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In court, a party's claim is reply demands if one party claims claims in response to another's claims. In other words, if the plaintiff starts a lawsuit and the defendant responds to the suit with his own claim against the plaintiff, the claim of the defendant is a "counter-claim".

Examples of back-demand include:

• Once a bank sues a customer for an unpaid debt, the customer fends back against the bank for fraud in getting the debt. The court will sort out different claims under one claim (unless the claim is terminated).
• Two cars collided. After one person sued for damage to the car and his injuries, the defendant opposed claims of similar property damage and personal injury claims.

Video Counterclaim

Based on the Federal Civil Procedures Rules of the United States

In US federal court, counter-claims may arise on various occasions, including for example:

• attempts by the defendant to compensate or reduce the number/implications of the plaintiff's lawsuit;
• different claims by defendant against plaintiff;
• claims by defendant's third party against the original defendant acting as a third party plaintiff;
• claims by any party against any other party who has made a cross-claim against it

Reply claim v. crossclaims

Depending on the location where the lawsuit originated, the defending party has a period to file a countersuit , also known as a reply, against the claimant. This is a direct claim of the defendant against the party who initiated the claim for a concurrent claim, including being wrongly prosecuted.

A cross-dispute is a petition committed against a party that is a defendant or a plaintiff's associate. A crossclaim against anyone who is "on the same side of the lawsuit". An example of this is manufacturing companies that ship their products through third party transport companies to buyers. Once the product is checked by the buyer, the buyer finds that the product has been damaged in shipping and refused to pay. If the manufacturer sues the buyer, the buyer will provide the answer with a rejection that the buyer is borrowing money to the manufacturer and breakthrough to the shipping company to compensate for the damage.

Mandatory v. permissive

Under FRCP, backlash is mandatory or permissive.

Permalify the claim consists of "any unnecessary claims". Such claims may be brought, but no rights are released otherwise. The court rarely gives permissive replies from additional jurisdictions that need to be filed.

The claim is compulsory counterclaim if, when serving the application,

1. back-demand "arises from the transaction or event which is the subject matter of the opponent's claim,"
2. AND countermeasures "no need to add others who can not obtain jurisdiction by courts,"
3. AND "when the action starts, [otherwise mandatory reply] is [not] another subject of delayed action,"
4. AND

• WHETHER the opposing party is suing its claim with a process that forms the personal jurisdiction of the applicant for that claim (ie NOT through a process such as an attachment)
• OR (if a personal jurisdiction is not established on the applicant), the applicant confirms some other mandatory repercussions.

This last (fourth) requirement is described in the official record as follows:

When a defendant, if he wishes to defend his interests in property, is obliged to enter and file a lawsuit in jurisdiction where he ordinarily can not be imposed, justice indicates that he should not be required to demand a reply, but it is better to be allowed to do so in his election. However, if he chooses to demand a reply, it seems fair to require him to affirm the other that is required in terms of Rule 13 (a). Paragraph (2), added by amendment to Rule 13 (a), executes this idea. This shall apply to any of the cases described in Rule 4 (e), as amended, where services are made through appendices or other proceedings in which courts have no jurisdiction to make personal decisions on the defendant. Paragraph (2) shall also apply to a State Court that is jurisdictionally based on an appendix or the like, and transferred to a Federal court.

If a counter-claim is mandatory, it must be taken in the current action or abolished and lost forever.

Various tests have been filed for when the counter-claims arise from the same transaction or event, including the same factual and legal issues, the use of the same evidence, and the logical relationship between the claims.

Maps Counterclaim

See also

• fr: Demande incidente: about any type of claim that does not open new settings

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References

Source of the article : Wikipedia