A counterclaim is a “defensive response” to a lawsuit brought against you. Thus, a counterclaim is a form of active defense against an already committed “attack”. As a result of the satisfaction of the counterclaim, the cancellation or mitigation of the charges brought forward by the original claim is possible.
Necessary
- - materials on the case;
- - initial statement of claim;
- - camera or photocopier services;
- - professional legal advice.
Instructions
Step 1
Check out the materials of your own business. To do this, go to court, where you can find out the essence of the claims and the grounds on which the initial claim was brought against you.
Step 2
Take pictures of the materials of your own case, since when you contact a lawyer, you can immediately bring him up to date. In addition, you will be able to study in more detail at home everything that concerns your case, in a calm atmosphere, assess the validity of the accusations and pay attention to those details that will not only allow you to challenge them, but also indicate their falsity.
Step 3
Check if you are the legal defendant in the claim.
Step 4
Check the expiration of the limitation period, since, in accordance with Part 2 of Art. 199 of the Civil Code of the Russian Federation, upon the expiration of the limitation period, the court has a reason to dismiss the claim. But any of the parties to the dispute must declare this before a court decision is made.
Step 5
Write a counterclaim statement. In accordance with Art. 137 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to file a counterclaim with the plaintiff even before the court made a decision in this case. If the judge accepts the counterclaim, it will be dealt with on the same grounds as the original claim.
