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.

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