counterclaim

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counterclaim

The lawyer prepared a counterclaim to respond to the plaintiff's allegations.

Definition

  1. Noun:

    • A claim filed in opposition to another claim in a legal action: A formal legal demand made by a defendant against the plaintiff in response to the original claim.

  2. Verb:

    • To set up a claim in opposition to a previous claim: To make a formal legal demand in response to and against an existing claim.
Usage Examples

  • Noun:

    • The defendant's counterclaim for damages delayed the trial's conclusion.
    • In her answer to the lawsuit, she included a counterclaim alleging breach of contract by the plaintiff.

  • Verb:

    • The company decided to counterclaim for unpaid services.
    • He counterclaimed against the original plaintiff, seeking his own compensation.
Advanced Usage

  • "As a counterclaim to...": Used to introduce the opposing claim.

    • The defendant filed a lawsuit for defamation as a counterclaim to the original libel suit.

  • "To assert/bring/file a counterclaim": Common collocations for initiating the legal action.

    • The tenant asserted a counterclaim for the return of his security deposit.
Variants and Related Words

  • Counterclaimant (n): The party who makes a counterclaim.

    • The counterclaimant must prove his allegations.

  • Counterplea (n): A legal plea made in response to another plea; a related legal term.

    • The lawyer prepared a counterplea to address the new allegations.
Synonyms
  • Cross-claim (n): A claim brought against a co-party in the same action (similar, but not identical, as it is not against the original plaintiff).
  • Recoupment (n): The reduction of a plaintiff's damages by the amount the defendant is owed by the plaintiff (a specific type of counterclaim).
Related Phrases

  • Compulsory counterclaim: A claim that must be raised in the current proceeding because it arises from the same event as the plaintiff's claim.

    • The court ruled it was a compulsory counterclaim and should have been filed earlier.

  • Permissive counterclaim: A claim that does not arise from the same transaction or event as the plaintiff's claim and may be filed separately.

    • The judge allowed the permissive counterclaim to be joined to the case for efficiency.
counterclaim

The lawyer prepared a counterclaim to respond to the plaintiff's allegations.

Noun
  1. a claim filed in opposition to another claim in a legal action
Verb
  1. set up a claim in opposition to a previous claim