If the defendant has counterclaims against the plaintiff, for the purpose of joint consideration with the main claim, he has the right to present a counterclaim. A counterclaim can be filed at any time before the court makes a decision. When the main and counterclaims are considered in the framework of one case, the procedure is as follows:
Instructions
Step 1
For counter claims, you need to prepare a response, justify their illegality, motivate your position, attach supporting documents as evidence.
Step 2
Features of consideration of such cases - each of the parties is simultaneously a plaintiff and a defendant in the case. When claims are interconnected, the process for each is conducted independently. For example, a counterclaim can be left without consideration.
Step 3
Submission of a counterclaim is the basis for postponing the trial, since the plaintiff needs to familiarize himself with the documents, submit his objections, and demand new evidence.
Step 4
During the court session, the position of the plaintiff and the defendant on the initial claim, and after that on the counterclaim, is set out. The parties ask each other questions, the court clarifies their arguments. Consideration of such a case is carried out according to the general rules of the action procedure.
Step 5
Based on the results of the consideration of the case, the judge makes one decision, where he indicates the refusal or satisfaction of the requirements for the main and counterclaim. If money is to be collected from both sides, the judge will set off. Such a decision can be appealed only in terms of satisfying the counterclaim.
