What does counter claim mean in legal terms?

Question

Thank you for all your help and giving me examples so I can understand.
That was a big help.

Answer 1

I think Hillary's example is a little over your head with all those big words. See if this helps.

You went to the mall and bought a pair of shoes. While at the mall some crazy guy on a unicycle crashes into you. He sues you for getting in his way and causing him injury. You file a counter claim against him because he ruined your new kicks. Then you paint your toenails and have a slumber party with that douches money. Because seriously who rides unicycles in the mall. Crazy Guy.

Answer 2

First of all, a claim is what a person initiating a lawsuit bases the suit on. An example is that you did mechanical work that caused an accident. A counter claim is a claim the defendent can submit deferring the original claim back to the plaintiff. In this example, you are the mechanic. Person B brings their car for brake work. You tell them what needs to be done and they refuse because it is too expensive. They wreck after leaving the shop. They sue you claiming what little work you did caused the accident. You can then counter sue with the counter claim that all you did was look at the car and advised them of what is wrong. I hope this helps.

Answer 3

EvilPaul, Mat and Hillary (above) are correct.

A counter-claim is a claim (complaint) filed against someone (the original plaintiff) who had already filed a complaint against you.

This is different than raising an affirmative defense -- which is saying the plaintiff's claims is not valid (in whole or in part).

The counter-claim can be related to the same incident, or it can be completely different (depending on the court rules for the jurisdiction).

Answer 4

A counterclaim is a defendant's complaint against the Plaintiff, and it basically states that the plaintiff took some kind of action or is responsible for some omission which resulted in damages to the defendant: e.g. Aloha Hotdog sues Barbecue Bob's Eatery for 60K for meat delivered to Bob's but not paid for, and Bob counterclaims that Aloha Hotdog owes him 30K, for a load of bad chicken livers, so Aloha Hotdog is entitled to 30K and not 60K.

Answer 5

It means that you are filing a claim against someone who complained against you first, and that the allegations back and forth are related.
For example, if you are sued for a breach of contract, and you contend that the contract was fraudulent, you can counter-sue for fraud and bad faith.

Answer 6

It means that the person you are filing a lawsuit against is filing one against you for whatever reason. For example, if you ran into my car and sued me for your repairs, and I in turn filed a suit against you for negligence, my suit against you would be a counter claim because I would argue that your negligence caused me damages and I want you to pay for my repairs.