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In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims."
In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.
It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
In law, set-off or netting is a legal technique applied between persons or businesses with mutual rights and liabilities, replacing gross positions with net positions. [1] [2] It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent, the result being that the gross claims of mutual debt produce a single net claim. [3]
The claimant's defence to the counterclaim should be included in the same document ('Reply and Defence to Counterclaim') as the reply and shouldfollow on from the reply. [11] A claim for contribution or indemnity against another party is made by serving and filing a notice containing a statement of the nature and grounds of the claim.
A then assigns the right to receive the $500 to C, to pay off a debt owed to C. However, A does such a careless job painting the house that B has to pay another painter $400 to correct A's work. If C sues B to collect the debt, B can raise his counterclaim for the expenses caused by the poor paint job, and can reduce the amount owed to C by ...
Around 31% of Millennials currently have under $1,000 in savings. Another 21% have between $1,000-$5,000, and then 9% of Millennials have $5,001-$10,000. Does that seem bleak? Yes. Absolutely. The ...
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to Black's Law Dictionary. A crossclaim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim.