Counterclaim

Question: What is the difference between a contribution counterclaim and a indemnification cross claim? They both sound the same to me except one is a counterclaim while the other is a cross claim...is that all that is different?

Answer: A contribution counterclaim is an allegation that the plaintiff contributed to his own damages. An indemnification cross-claim is an attempt by the defendant to pass the liability on to a third party. For example.... Joe is driving along the road and hits Mary's car. Mary files a lawsuit against Joe for the damage to her car. This is the original claim. Joe files a counterclaim against Mary alleging that the reason he hit her was that she was illegally parked on a blind corner. She contributed to the accident. This is a contribution counterclaim. Joe files a cross-claim against Berts Landscaping, asking that they indemnify him for anything that he has to pay Mary, because the reason he hit her was that Bert had left mud all across the road and Joe slid on it, hitting Mary. This is an indemnification cross-claim. Richard

Question: How do you file a counterclaim in Michigan? How do you file a counterclaim in Michigan District Courts? The courthouse could not answer, they said I would have to seek legal advice and their website has nothing. Any ideas? This isnt a small claims file, I want to file a counterclaim and it is a district court case.

Answer: http://courts.michigan.gov/scao/courtfor… You fill out your claim, file it with the clerk and have an third party serve the other party. Take 3 copies, the court keeps your original, you get a copy for yourself and one for the other party.

Question: How would I dismiss/deny a Defendants counterclaim if he has failed to allow Disclosure/Discovery? What to File/Ask The Court to do in Small Claims if the Defendant filing a counterclaim has not explained or shown reasoning for the amount asked in his counterclaim?

Answer: I would suggest a motion before the court stating that the litigant has failed to show cause for the amount demanded. The court can then order the litigant to produce the requested information or else dismiss the case.

Question: what is a good counterclaim for going into a biology career? I have to write an argument essay on why it's a good choice to go into a Biology career, ihave the good reasons on why but i can not come up with a counterclaim.

Answer: A biology career? One counter claim could be that it's not specific enough - i.e.: no real direction.

Question: What is the purpose of a counterclaim in a persuasive essay? How do counterclaims help in a persuasive essay?

Answer: When presenting the arguments of your adversaries, you sum up their point of view, and then counter each point. You have the advantage because you have made your rebuttal on your own terms. The trick to making a logical argument is to state the basis of your adversaries' case as neutrally as possible. If you exaggerate their positions, and then counter your own caricature, it's called a straw-man argument, and it's worthless. However, I make no claims as to which of the logical or the straw man arguments will get you elected. Happy voting and hope this helps :)

Question: How do I file amendments to a counterclaim? In my original answers to the civil complaint of tortious interference I offered counterclaims. How do I now add other counterclaims based on things that have turned up in discovery?

Answer: you can file an amended answer

Question: How do you file for a counterclaim in small claims court? No one will explain to us what papers to file or even how to file them. An attorney said if we had $2,000 dollars to throw away he would take the case. Unfortunatily, we don't. He also said file an amendment before time runs out. ???? Legalaide wasn't any help either. Any information would be greatly appreicated.

Answer: I assume you've been served with a complaint from a plaintiff suing you. I also assume that you know that you need to file an answer to that complaint. In your answer you have to admit or deny every statement that Plaintiff has written in their complaint... anything you don't deny is considered admitted which is then a fact for the case... if you're unsure whether something is true or not, you can say that you don't know. Also included in your answer should be your defenses or counterclaims. Rule 8a gives information about a counterclaim... here's a link to the federal rules of civil procedure, rule 8: http://www.law.cornell.edu/rules/frcp/Ru… [I don't know what state your in and I'm assuming that you're in state court, so the rule may be a bit different. You should look up the rule in your state.] That rule requires to make a counterclaim in your answer you must include (1) a short and plain statement of the court's grounds for jurisdiction, (2) a short and plain statement of the claim showing that you're entitled to relief, and (3) a demand for judgment for the relief you want. For the grounds for jurisdiction, if the claim is related to the Plaintiff's (if it came from the same incident), then the court already has jurisdiction. For the statement of the claim, you need to give the facts of what happened and give the law you're suing under. I don't know the facts of your case, but if the plaintiff had promised to pay you for your couch but instead they took the couch and didn't pay, you'd say those facts and then say that contract law entitles you to a remedy when you performed your half of the contract and the other party did not. You don't have to be really fancy, especially in small claims court. Then for your request for remedy, you just say what you want. Do you want the couch back or do you want the money? How much money? That sort of thing. I see that the attorney told you to file an amendment. I'm assuming that means you have already filed an answer. That's ok. What you have to do is write up a form the same as the answer, but at the top it will say amendment to the answer. Then just write out your counterclaim. Then you take it to the court and file it. I don't know how far along you are in your case, so you're probably going to have to ask the clerk of courts (where you file your amendment) about if you need to do anything special in order to file the counterclaim. You may need the plaintiff's or the court's permission before you'll be allowed to amend the answer. And if it's too far along (really close to trial) you might not be allowed to file the counterclaim at all. That's what the attorney meant by before time runs out. The court system can be pretty intimidating to someone who is unfamiliar with it. Good luck.

Question: What is the difference between a counterclaim and a set-off? Hey peeps, :) I am studying civil litigation, and I keep reading on these subjects, trying to understand it in the simplest way so that I can remember it in an exam. I would to to see how other people explain it. Thank you in advance

Answer: A counter-claim is an opposite claim, for example, you claim I owe you $500 and I claim you owe me $700. Options: I win completely and you owe me $700; you and I both win and you owe me $200; you win completely and I owe you $500. A set-off only applies if the other person won more than the set-off. Let's say you won $500 against me, and I have a $200 set-off. You get $300 from me. If I won $200 from you and I also have a $200 set-off, I get no more the the $200 I won.

Question: How can I continue to finance my answer and counterclaim to a civil suit filled against me in Superior court. Scheduled for trial in May 2007. I'm broke. Already tapped out my savings, family and friends. Plantiffs have moved and stored my personal property and denied me access or knowledge of it's location since December 2005.

Answer: Contact your local bar association, and inquire if there are any attorneys who are willing to provide Pro Bono representation, or see if you can advertise in their periodical. If you are indigent, there may be a local organization that performs Pro Bono work for indigent people. Good luck!

Question: Difference between a crossclaim and a counterclaim? What is the difference between a crossclaim and counterclaim?

Answer: A counterclaim is a claim made by the defendant against the plaintiff. A crossclaim is a claim made by one defendant against another defendant.

Question: After the Plaintiff filed a Reply to my Answer/Counterclaim, what pleading do I file next? I am being sued in Court of Common Pleas in South Carolina and I am representing myself (pro se) I filed Answer/Counterclaim to the Complaint and today the plaintiff filed a Reply. What do I file next. I am really having difficulty with the procedure of filings but I cannot afford an attorney. Please help

Answer: I have listed several places you can check on for that info.

Question: How long would it take to write a persuasive essay using 1 page of sources & a counterclaim on the same topic? sidenote: my english teacher is really strict too About how long would it take?

Answer: will it depends on what you no and who good you no it .......but usually it takes about a half hour........... and when you do your easy make sure you look everything over ......need anymore help just contact me and I'm glad to help.........thanks and good luck

Question: How do you write a one paragraph counterclaim about...? How do you write an one paragraph counterclaim against "some knowledge lies beyond language"?

Answer: I won't do your homework. But here is a hint-Knowledge is transferable and based on provable facts. Wisdom isn't transferable but can show another the path to knowledge.

Question: If a party fails to respond to a counterclaim, can I move for a Summary Judgment? The applicants issued a complaint (tortous interference and ultra vires acts). I issued an answer. I was then given leave by the judge to amend the answer. I did so with two counterclaims (conspiracy and tortious interference). It has been 30 days and the applicants have not responded to the counterclaims. On what grounds can I motion for a summary judgment and would that judgment be for the whole case, or just the counterclaims.

Answer: Don't you have an attorney? You try a motion for SJ, and it might or might not be accepted. ARE there facts in dispute?

Question: Can I counterclaim if the federal fugitive case is dismissed? If yes, what kind of lawyer do we need, can it be contigency basis and can it be done while still in detention for the charges?

Answer: generally counterclaims and crossclaims are limited to contract or tort (accident/injury) disputes. A counterclaim is what you would include in an answer to the plaintiff's complaint, which contains the wrongdoing. In a federal fugitive case I'm not sure what you'd have to counterclaim about and would merely be asked to plead guilty, not guilty or no contest to the charges. Once your case comes up your lawyer will intrsuct you on your options and it doesn't matter if you are incarcerated or not.

Question: counterclaim of racism in the death penalty? I have to write an essay about discrimination of racism in the death penalty. And on a paragraph, I have to write a counterclaim (the other side of the argument) and I have to argue against it. I thought of some counterclaims but I couldn't argue about it. Here's how it should start: Although,................ examples (the ones I came up with but couldn't argue about it or didn't have enough reasons): Although most people who received the death penalty were minorities, there is no evidence that the race affects the person receiving the penalty.

Answer: There is some evidence supporting racism in the case of the defendant, but what I found interesting is that racism is MUCH more demonstrable when you look at the race of the VICTIM. In one study, it was found that defendants (regardless of race) whose victims were white were over THREE TIMES more likely to get the death penalty than in cases where the victim was not white. The site below has that study, and many others. I hope that helps. Good luck on your essay!

Question: Counterclaim Lawsuit Dismissed in Superior Court? Just got notice that a lawsuit from my ex-bf will be dismissed if he doesn't set a trial date. My question is concerning my counterclaim - if he drops the lawsuit, does my counterclaim get dropped as well?

Answer: Yes you will have to file your own suit and become the plaintiff. Since you are the defendant and are not the one that brought the claim to court.

Question: The plaintiff lost their case but the defendant won the counterclaim in small claims court.? The plaintiff then appealed the courts decision and once again lost the case and the defendant still won the counterclaim. Now she has sent a letter of reconsideration to the court and is asking for the transcripts of the case. Can she still take the defendant back to court, or is it the appeal the FINAL ruling?????? If you are in the legal field please respond. Sorry I should mention I know the defendant and just want to know if this is finally over with or if the plaintiff can still take further action. Its not even over a large amount of money, this plaintiff is just crazy....

Answer: How many times does she want to be told that her case is not going to be decided in her favor? Tell your friend to google "vexatious litigant" if she wants to keep trying endlessly.

Question: How do you defend a counterclaim against you......? Can someone help please, I have made a claim against a car company for selling me a dogdy car and not carrying out repairs as per agreed, they have defended it and made a counterclaim, I intend to defend the counterclaim and i must file a copy of my defence and my defence must contain a statement of truth SO am lost, what is my defence as they already have my claim, is it that? and what is a statement of truth? Thanks to anyone who helps

Answer: Proof of the repairs needing done or/and proof or receipt that you had them done by someone else, or they may want you to provide proof that they agreed to fix the repairs on the vehicle. You can say it was a verbal agreement, however in a lot of cases they may acknowledge it, but say that you should have gotten it in writing. Just be yourself and tell it like it was if you cannot come up with anything on paper just let the judge decide. I would also write a letter of complaint to the BBB (Better Business Bureau)

Question: Can you file counterclaim against the counterclaim? I filed action in Small Claims court against homeowners association and management company for damaging my property on many occasions and for vandalizing my vehicles. I was suggested to do this by the Police. Now smart lawyers transferred this case to real court because we live in small county and they know that they can play the game by their rules and delay court dates by skyrocketing court costs that they will try to collect from us. My question is if the counterclaim was created by the attorney who represents responding party can you counterclaim a counterclaim or you must answer a counterclaim and later file another action against the attorney and respondents? What to do if it is impossible to obtain an attorney in such small county where respondents have close ties to the community and trough their attorney they are intimidating witnesses and even leaning process against our family before process even started. I filed a small claims case for the damage to my vehicle and personal property but in response they claimed that attorneys costs will exceed small claims 6K limit and they are counter suing me for malicious prosecution and bunch of other things. I was trying to hire and attorney but received threats just like in movie Casino... was told that this is small community and if we will not move out we will be moved out after loosing all the money in court. After all attorney who made these legations was a city judge for many years and he claimed to knowing respondent in person. Same law firm is representing my Town and they represented developer where we live so I guess unless I hire Sarah Palin I am basically screwed :):):) I am starting to admit that I maybe pushed wrong buttons.. all these lawyers here know each other and work together... I am afraid if they know the judge too. Monday one of the lawyers filed a motion to Compel against me and he is asking for order of protection claiming now that he is afraid of me because I made fun of him in reply to his e-mail. We will be contacting local media and I will post as much as I can on http://summertreedrive.com website that I created. For now I think we will be lynched in court. In Indiana I guess not what the law says but who you know and how much you have.

Answer: You made a claim, they made a counterclaim. There is no counterclaim to a counter claim. What exactly do you want to counter claim anyway? I think you are getting confused by the terms. You can file motions though.. So what exactly do you want to counterclaim? And I didn't see what they are counterclaiming either. In response to your edit, If you are going to sue these people you will need a lawyer or you will lose. You really should try calling lawyers from other towns around your town and see if they can help. --Did you have a chance to object to it being moved from small claims court? You should be able to do that. --Second Edit-- A motion to compel answers? You should read the entire motion because it might just be a motion to compel answers, that just means you have to answer the complaint against you. You really should take it to a lawyer out of the town to look over this stuff, It sounds more complicated than anyone on here can help you with when we can't even see the paperwork.