A counterclaim is a document that is a response to the plaintiff and is drawn up according to the same rules as a simple statement of claim. The only difference is that these documents can only be declared in an already arisen trial.
Necessary
receipt of payment of state duty
Instructions
Step 1
On a piece of paper in the upper right corner, write the name of the court to which the application will be sent. Information about the plaintiff should be set out below. If this is a private person, then you must write the last name, first name, patronymic, residential address and contact phone number; if the plaintiff is an organization, then its name and address. In case of filing a claim by a representative of the organization, you must also indicate his last name, first name, patronymic and contact information. Under the plaintiff's details, indicate the name and address of the defendant.
Step 2
In the middle, write the name of the document "Counterclaim" with an explanation of what exactly will be discussed.
Step 3
Then state in detail the essence of the problem, specific data on the violation or attempted violation of the rights or interests of the plaintiff. Also substantiate the legitimacy of your statement, describing the circumstances that are the basis for your disagreement with the claim of the opponent to which you are writing an answer. Refer to clauses of law and other regulations as proof of your case.
Step 4
After you describe all the details of your problem, write the word "Please". Next, point by point, list your requirements for the defendant. Write down exactly what actions you expect from the court in resolving the dispute that has arisen.
Step 5
Next, list all documents attached to the claim that will be used as evidence.
Step 6
Attach all necessary documents to the claim: a copy of the claim in accordance with the number of defendants; power of attorney if someone represents your interests in court; a receipt for payment of the state fee for filing an application; documents confirming the circumstances on which the plaintiff bases his claims.
Step 7
Please sign and date the claim. You must give one copy to the defendant, and the other to a third party if he participates in the proceedings.
Step 8
Take the statement of claim to the office of the arbitration court and wait until the document is accepted for consideration.
