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Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages.

Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).

If you are being sued in small claims court, you can file a ?counterclaim? (a claim against the person who is suing you) if you believe that the plaintiff owes you money.

For example, Rule 13 of the Federal Rules of Civil Procedure requires defendants to raise as a counterclaim any claim they have against parties already in the lawsuit if the claim "arises out of the same transaction or occurrence" as one of the plaintiff's claims.

Under the Federal Rules of Procedure, an answer to a counterclaim or cross-claim is due twenty-one (21) days after service of the pleading that asserts the counterclaim or cross-claim. Fed. R. Civ.

After the plaintiff in an action tried by the court without a jury has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to

The counterclaim is made to offset the liability against the claim of the claimant or an independent claim of a person with related interests or obligations.

By definition, a counterclaim is compulsory only if it arises out of the same transaction or occurrence as the opposing party's claim.

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(a) Compulsory Counterclaim. To file a counterclaim complete the DC-CV-001 - Civil Complaint.File your counterclaim in the same court location as the original case. Defendants Lone Star Fund V (U. Answer and Counterclaim to the Complaint for Paternity. To help you complete an answer, see the checklist accompanying that form. • A counterclaim is the defendant's opportunity to sue the plaintiff. 1) Complete the form(s). 2) Make copies of the answer form and counterclaim form. Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you are filing your case.

South Carolina Counterclaim

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