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- WHAT IS A COUNTERCLAIM? A counterclaim is a claim made by the defendant in response to a complaint filed against them by the plaintiff. The counterclaim asserts that the plaintiff has caused harm to the defendant and seeks relief from the plaintiff.
- WHY WOULD I NEED A COUNTERCLAIM? You would need a counterclaim if you believe that the plaintiff has caused harm to you and you wish to seek relief from them. A counterclaim allows you to assert your own claims against the plaintiff and potentially obtain a favorable judgment in your favor.
- WHEN WOULD I NEED A COUNTERCLAIM? You would need a counterclaim when you are the defendant in a lawsuit and believe that the plaintiff has caused harm to you. The counterclaim is typically filed at the same time as the defendant’s answer to the plaintiff’s complaint.
- HOW WOULD I USE A COUNTERCLAIM? You would use a counterclaim to assert your own claims against the plaintiff and seek relief from them. The counterclaim should include a statement of the facts, the legal claims being asserted, and the specific relief being sought.
- WHAT’S THE PROCESS? We’ll guide you through the process of completing a counterclaim that outlines your claims. In the end, you will download a properly formatted counterclaim to file in court.
On your way to the perfect counterclaim, you will pass the following milestones:
- Awareness – Understand the requirements, components, and factors for success of a counterclaim.
- Analysis – Analyze the claims and defenses in your case to determine the relevant facts for your counterclaim.
- Authority – Understand the law and find legal support for your counterclaim.
- Assembly – Use the information you’ve collected to craft the statements in your counterclaim.
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