Florida Counterclaim is a type of affirmative defense that is available to defendants in Florida state court. This type of claim allows defendants to raise claims of their own against a plaintiff in response to the plaintiff's initial claim. The counterclaims may include claims for affirmative relief, such as money damages, or they may be claims for declaratory or injunctive relief. There are two types of Florida Counterclaims: compulsory counterclaims and permissive counterclaims. Compulsory counterclaims are those that arise out of the same transaction or occurrence as the plaintiff's claim, and must be raised in the same suit as the plaintiff's claim. Permissive counterclaims, on the other hand, are those that do not arise out of the same transaction or occurrence as the plaintiff's claim, and may be raised in a separate suit.
Florida Counterclaim
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FAQ
The rule differentiates counterclaims and crossclaims: While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff. Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party.
A party served with a pleading stating a crossclaim against that party must serve an answer to it within 20 days after service on that party. The plaintiff must serve an answer to a counterclaim within 20 days after service of the counterclaim.
There are permissive and compulsory counterclaims. "Common law compulsory counterclaims" are counterclaims that, if successful, would nullify the plaintiff's claim. If defendants do not raise these counterclaims, they cannot sue on them later in a different lawsuit.
A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim therein, or relating to any property that is the subject matter of the original action.
A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.
A counterclaim is brought by a defendant against the opposite party, the plaintiff. A crossclaim is a claim by either a plaintiff against another plaintiff or a defendant against another defendant. Simply put, it is a claim brought against someone on the same side of the aisle on a case.
The plaintiff shall serve an answer to a counterclaim within 20 days after service of the counterclaim. If a reply is required, the reply shall be served within 20 days after service of the answer.