Legal Definitions - counterclaim

A counterclaim is a legal claim made by the defendant against the plaintiff in response to the original claim filed by the plaintiff. It is usually an offensive move by the defendant against the plaintiff.

For example, if a person sues their neighbor for property damage, the neighbor may file a counterclaim against the person for harassment or noise pollution.

There are two types of counterclaims: compulsory and permissive. Compulsory counterclaims are claims that must be made by the defendant, or they cannot be made in a separate lawsuit later. Permissive counterclaims are unrelated to the original claim and can be made at the defendant's discretion.

When a counterclaim is made, the plaintiff becomes defensive and the defendant becomes offensive. The burden of proof is on the defendant to prove their counterclaim.

Overall, a counterclaim is a legal tool used by the defendant to assert their own claims against the plaintiff in response to the original claim.