A counterclaim may be filed by the defendant in relation to the plaintiff and declared in court. At the same time, it will be considered together with the initial (filed from the plaintiff) statement of claim.
Instructions
Step 1
Make a "heading" of the document: to which court are you sending a counterclaim, indicate the address of this state institution (as a rule, you can write only the city). Next, mark the name of the person or legal form and name of the company that is the plaintiff. Moreover, if it is a legal entity, then it is necessary to indicate here the bank details of this company.
Step 2
Indicate who is the respondent. In this case, enter your full name or the name of the company and its organizational form (if you are writing a counterclaim on behalf of the organization). Further, if necessary, note the cost of the claim.
Step 3
Type the title of the document: “Counterclaim”. Next write the basis of this claim, that is, what is the purpose of this document. For example: "on the collection of unreasonably received funds." Further, if the claim is determined by the receipt of some amount, indicate it.
Step 4
Write in connection with what you are submitting this application. For example, you can start like this: "According to the decision of the general meeting of the founders of the company." Then indicate what results were identified, mark the supporting documents and specific persons who made any decisions related to the issue in dispute. Since the acceptance for consideration of the counterclaim is dictated for reasons of practical convenience, the requirements set out in the main and counterclaims must be homogeneous or stated in relation to the same contentious issue.
Step 5
Please note that the counter statement must meet all the necessary requirements of the Code of Civil Procedure of Art. 126 and be paid by state fee. It can only be presented before the court makes a decision.
Step 6
In your counter-statement, write “Please” or “Please,” depending on who the respondent is. If you write from yourself, as from an individual, then you must write: "Please." In turn, if you are filing a claim on behalf of the company, then type: "Please." After that, indicate what you are asking the court, that is, what decision you are asking the judge to make and what is the resolution of the contentious issue.
Step 7
Put your signature and indicate your full name, date of filing the counterclaim. If the document was filled out on behalf of the company, sign the CEO of the organization, date and stamp.
