How to Countersue

Thứ bảy - 27/04/2024 01:09
When a plaintiff sues you for money or the return of property, you can defend yourself in civil court. You have another legal remedy if the plaintiff is actually at fault. You can counter sue. Countersuing involves suing the plaintiff...
Table of contents

When a plaintiff sues you for money or the return of property, you can defend yourself in civil court. You have another legal remedy if the plaintiff is actually at fault. You can counter sue. Countersuing involves suing the plaintiff while his or her case is still pending against you by filing a “counterclaim.”

Sample Answer and Counterclaim

Sample Answer to Complaint and Counterclaim Form
Part 1
Part 1 of 2:

Understanding a Counterclaim

  1. Step 2 Understand when to file a counterclaim.
    Under the Federal Rules of Civil Procedure, you usually have 21 days from the day you receive your summons and complaint to file your answer. [1] Read the summons and complaint carefully. Both state and federal courts offer standardized “answer to complaint” forms for the respective jurisdiction. These forms usually have space to introduce a counterclaim. You should file your counterclaim with the answer to complaint if possible.[2] If you need more time to file, you may file a motion with the court asking for more time.
    • For instance, you can find instruction for the Southern District of New York Federal Court here and the form for the California state courts here.
    • Though many states follow the Federal Rules of Civil Procedure, it’s not mandatory. Ensure you find out how much time you have to file in your state. Failing to file an answer or counterclaim on time may result in a default judgment hearing and potentially a default judgment against you.
    • The court can grant your motion for “good cause,” which is left to the discretion of the judge who is handling your case.
    • A lawyer is your best option for determining the validity of the counterclaims you wish to bring against the person suing you.[3]
    Advertisement
  2. Advertisement
Part 2
Part 2 of 2:

Preparing Your Countersuit

  1. Advertisement

Warnings

  • This article is for information purposes only. Filing a counterclaim can be complicated. Do not hesitate to seek legal counsel.
    Thanks
    Helpful 0 Not Helpful 0
Advertisement

Total notes of this article: 0 in 0 rating

Click on stars to rate this article