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counterclaim    音标拼音: [k'ɑʊntɚkl,em]
v. 反诉

反诉

counterclaim
n 1: a claim filed in opposition to another claim in a legal
action
v 1: set up a claim in opposition to a previous claim

Counterclaim \Coun"ter*claim`\ (-kl[=a]m`), n. (Law)
A claim made by a person as an offset to a claim made on him.
[1913 Webster]


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  • When filing a counterclaim, are the names of the defendant and . . .
    When filing a counterclaim, are the names of the defendant and plaintiff switched at the top of the pleading? i e does the defendant become the plaintiff and does the plaintiff become the defendant? or should it be listed exactly as in the original petition?
  • Clarification on Counterclaim and “Leave to File? - Legal Answers
    Clarification on Counterclaim and “Leave to File?" I received a claim and called the court to ask about filing a counterclaim The court staff said I could file it, so I did At the first court date, the judge asked if I had received permission to file the counterclaim, and I said no, as I didn’t know I needed permission
  • Can I file a motion to dismiss with a counterclaim?
    A counterclaim is typically filed with one's Answer; and a defendant can file a motion to dismiss at that time If I had to guess I'd say it's too late for either, or for any further discovery (no more evidence)
  • Do I need to serve process for a counterclaim? - Legal Answers
    A Complaint was filed against me by my tenant The opposing side is represented by an attorney I am going to file a counterclaim for eviction (it's not retaliatory) Do I need to personally serve post service for the counterclaim, or can I simply e-serve the opposing attorney?
  • Does plaintiff have to be served when counterclaim is filed?
    Yes, the plaintiff has to be served if you are in state court (Superior Court of California), service of the cross-complaint can be done by mail to the plaintiff's counsel You do not need a process server to serve the cross-complaint on any parties who have already appeared in the case
  • Deadline to File a Counterclaim in Texas Civil Lawsuit - JustAnswer
    The counterclaim should be included in the defendant’s original answer or as a separate pleading if allowed Timely filing is crucial to preserve claims and defenses Check local court rules and the Texas Rules of Civil Procedure for specific deadlines and requirements Consulting court instructions ensures proper procedure and avoids dismissal
  • Must a Plaintiff Answer a Counterclaim or Deny Allegations?
    When a plaintiff receives a counterclaim, they must respond within the court’s specified deadline, typically by filing an answer or motion Failure to respond may result in the court treating the allegations as admitted or granting default judgment on the counterclaim
  • Georgia Plaintiff Response Time to Defendant Counterclaim FAQs - JustAnswer
    A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied " Basically, that sets out that when there is a Counterclaim, it is, since it is in response to the Plaintiff's relief requested, it is automatically denied
  • Does a Plaintiff have to respond to a counterclaim raised in a . . .
    If a Defendant simply states a counterclaim in an Answer does the Plaintiff have to answer in the same 20 day timeline? Or does the Defendant have to file a separate suit of those counterclaims?
  • What Happens If Plaintiff Ignores Counterclaim? - JustAnswer
    Understanding Counterclaim Responses in Civil Litigation Confusion about deadlines and consequences of not responding to counterclaims When a plaintiff fails to answer a counterclaim, the court may enter a default judgment against them for those claims





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