Can the defendant countersue after the plaintiff withdraws the lawsuit?
After the plaintiff withdrew the lawsuit, the defendant could not raise a counterclaim. The existence of a counterclaim is based on the premise of this lawsuit. The withdrawal of the lawsuit by the plaintiff means that the trial of this lawsuit has ended, and the legal relationship and facts on which the defendant raised the counterclaim no longer exist. However, the defendant may file a lawsuit in another people's court that has jurisdiction. The following conditions must be met: the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; there is a clear defendant; there are specific claims, facts, and reasons for the lawsuit; it is within the scope of the people's court's acceptance of civil litigation and under the jurisdiction of the people's court. If the case has entered the trial stage and the plaintiff withdraws the lawsuit, the defendant's counterclaim shall be dealt with according to the provisions of article 239 of the Supreme People's Court's Interpretation on the application of the Civil Lawsuit Law of the People's Republic of China. If the people's court permits the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim. If the defendant applied to withdraw the counterclaim, the people's court should allow it, but this was only for the case that had already entered the trial stage. This provision did not apply when the case had not entered the substantial trial stage after the case was filed. Read more exciting novels for free
Is the defendant's counterclaim still useful after the plaintiff withdraws the lawsuit?
The defendant had to file a counterclaim before the deadline to protect the plaintiff's right of defense and to determine the dispute before the court session. A counterclaim was an independent claim made by the defendant. Therefore, even if the plaintiff withdrew the lawsuit, the defendant's counterclaim could still continue and would not be invalid or terminated because of the withdrawal of the lawsuit. However, if the case is determined after the case is filed and the plaintiff withdraws the lawsuit before entering the entity trial, the counterclaim cannot be accepted as a counterclaim. If the party continues to insist on the counterclaim, he can file a lawsuit to the people's court with jurisdiction. After the case has entered the trial stage, when the plaintiff withdraws the lawsuit, the people's court shall make a ruling on the part of the lawsuit and allow the plaintiff to withdraw. The counterclaim shall continue to be heard and be judged according to law. The defendant also has the right to withdraw the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall allow it. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Can the plaintiff countersue after withdrawing the lawsuit?
If the plaintiff had already sued and withdrawn the lawsuit, the defendant could file a counterclaim. After the lawsuit was withdrawn, the court would usually allow the defendant to withdraw the counterclaim. Because withdrawing the lawsuit is the right of the parties involved, the parties involved in this lawsuit and the counterclaim have equal litigation rights. Since the withdrawal of this lawsuit is not illegal, the counterclaim plaintiff (i.e., the defendant of this lawsuit) does not need to review the withdrawal of the counterclaim, and the court should allow it. Moreover, the withdrawal of this lawsuit did not affect the hearing of the counterclaim. Although this lawsuit and the counterclaim are related, they are independent of each other. After the counterclaim is raised, it will not be extinguished because of the withdrawal of this lawsuit. On the one hand, the counterclaim was independent. After it was filed according to the requirements of the lawsuit, it had its own independence, and it was reasonable for the court to continue hearing it. On the other hand, the counterclaim had a certain degree of dependence on the lawsuit. After the lawsuit was withdrawn, the counterclaim would lose its targeting but become a special form of lawsuit, and the court should continue hearing it. Moreover, from the relevant legal provisions, it could be inferred that the counterclaim and this lawsuit did not have to be jointly tried. The counterclaim could be tried separately. After the lawsuit was withdrawn, the rejection of the counterclaim would lead to unresolved contradictions and increase the burden of the lawsuit. In addition, after the withdrawal of this lawsuit, the trial of the counterclaim will continue to use the case number of this lawsuit. However, the counterclaim originated from the main action. After the main action was withdrawn, the counterclaim would continue to be tried within the scope of the involvement of the main action. The claim based on the counterclaim should be related to the main action and should not exceed the scope of the main action. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What if the original plaintiff withdraws the lawsuit after the counterclaim?
In a civil case where the defendant filed a counterclaim, if the plaintiff withdraws the lawsuit, the people's court shall make a ruling on the part of the lawsuit, allowing the plaintiff to withdraw the lawsuit, and continue to hear the counterclaim and make a judgment according to law. Because a counterclaim was an independent claim made by the defendant, it was independent of the complaint and could exist independently. The parties to this lawsuit and the counterclaim have equal litigation rights. The plaintiff has the right to withdraw the lawsuit, and the defendant also has the right to withdraw the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall permit it. However, although the plaintiff withdrew the lawsuit during the trial of the case, since the counterclaim originated from the lawsuit, the counterclaim could still be tried within the scope of the lawsuit after the withdrawal of the lawsuit. Moreover, the claim made by the counterclaim plaintiff based on the counterclaim should be related to the lawsuit and should not exceed the scope of the lawsuit. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Under what circumstances will the lawsuit countersue?
In a lawsuit, the following conditions must be met for the defendant to file a counterclaim: 1. The counterclaim met the requirements for a lawsuit, namely, the plaintiff was a citizen, legal person, or other organization that had a direct interest in the case; there was a clear defendant; there were specific claims, facts, and reasons for the lawsuit; it was within the scope of the people's court accepting civil litigation and under the jurisdiction of the people's court. 2. A counterclaim can only be brought by the defendant against the plaintiff in the court hearing the lawsuit, which means that the people's court hearing the lawsuit has jurisdiction over the counterclaim. 3. The counterclaim did not exceed the limitation of action. As an independent lawsuit, the counterclaim should comply with the legal provisions of the limitation of action. It could not be considered that the lawsuit was within the limitation of action, so the counterclaim was naturally within the limitation of action. 4. The counterclaim must be of the same nature as the complaint and must be subject to the same proceedings. If the counterclaim is of an administrative nature, the counterclaim cannot be established; if the counterclaim applies special procedures and the original complaint applies ordinary procedures, the counterclaim cannot be established; but the original complaint and the counterclaim apply ordinary procedures and simple procedures respectively, then they can be combined to form a counterclaim and apply ordinary procedures for trial. 5. Counterclaims should be filed before the end of the court debate. After the case has been accepted and before the court debate is over, if the defendant raises a counterclaim, the people's court shall try it together if it is possible to do so. 6. The request and the facts of the counterclaim are related to the lawsuit and have a legal connection. Otherwise, it will be sued separately and cannot be tried together. Although the counterclaim is related to the lawsuit, it is independent after being raised and can exist without the lawsuit. Generally, it will be tried together with the lawsuit. However, if the plaintiff withdraws the lawsuit, the counterclaim can continue to be tried. If the plaintiff does not appear in court, the court can make a judgment on the counterclaim in absentia. The procedure for the defendant to make a counterclaim was generally based on the practice of a lawsuit. The defendant submitted a counterclaim and a copy to the court, stating the request, facts, and reasons for the counterclaim. The court would decide whether to accept it after review. After the counterclaim was accepted, the original defendant would exchange litigation status, and both parties would enjoy the corresponding litigation rights and obligations. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Does the defendant need to countersue and cancel the contract?
Counterclaim was not a necessary procedure for voiding a contract. If there were circumstances where the contract could be voided, the perpetrator had the right to directly request for voiding from the court. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The defendant retorted that the plaintiff had his money
In some legal disputes, it was possible for the defendant to accuse the plaintiff of having money. For example, in a loan dispute case, the defendant might claim that the plaintiff had extorted money from him in order to avoid repayment. For example, in the loan dispute heard by the Huazhou court, the defendant bit the plaintiff in court to extort money from him. However, the plaintiff could provide evidence such as witnesses, recordings and loan receipt to prove the existence of the loan. The court finally determined the fact of the loan through appraisal and other procedures, and determined that the defendant had to repay the principal of the loan and the corresponding interest. In this case, the court would combine the evidence of both parties to make a judgment. The plaintiff's claims needed to be supported by facts and legal evidence, such as clear transaction records, witness testimony, etc. Although the defendant had the right to refute, he needed to have a reasonable basis to refute and could not bite back without any basis. If the plaintiff could fully prove that his claim was legal and reasonable, and the defendant had no evidence to support his claim, then the defendant's counter-bite would not be recognized by the court. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The plaintiff repeatedly sued the defendant for not appearing in court
If the plaintiff sued repeatedly and the defendant did not appear in court, it would be handled according to the circumstances: ** I. Defendant's Failure to Appear in Court ** 1. ** You don't have to appear in court to be sued ** - If the defendant is not required to appear in court, if he refuses to appear in court without justifiable reasons after being summoned by a summons, or if he leaves the court without the permission of the court, he may be sentenced in absentia. When the court made a judgment in absentia, it would not completely follow the plaintiff's claim just because the defendant did not appear in court. The judge needed to review the evidence presented by the plaintiff. For a case where the plaintiff had insufficient evidence, even if the defendant did not appear in court, the plaintiff's claim might not be supported. 2. ** Must appear in court to be sued ** - If the defendant is a defendant who must appear in court, if he refuses to appear in court without justifiable reasons after being summoned twice, he may be detained. ** 2. Regarding the Plaintiff's Repeating Lawsuit ** 1. ** Normal case ** - If the plaintiff had legal and reasonable reasons for each lawsuit, new evidence, etc., the case would be tried according to the normal litigation procedures. However, if the plaintiff abused his right of action, such as repeatedly suing the same defendant without new facts or evidence, the court might review it and deal with it according to the specific circumstances. 2. ** False Lawsuits ** - If the plaintiff fabricated the facts of the civil case to sue, not only would the lawsuit be rejected, but it would also be fined or detained according to the seriousness of the case. If it constituted a crime, it would also be investigated for criminal responsibility according to law. In this case, even if the defendant did not appear in court, the court would not support the plaintiff's malicious litigation. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How to handle the withdrawal of the lawsuit after the defendant counterclaims
In the case of a counterclaim by the defendant, the plaintiff could apply to withdraw the lawsuit. After the people's court accepted the case and before the judgment was announced, the plaintiff had to submit a written or oral request to the people's court to withdraw his lawsuit. If the plaintiff applied to withdraw the lawsuit, the people's court would review and make a ruling. If the people's court permits the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim; if the defendant applies to withdraw the counterclaim, the people's court shall permit it. Moreover, according to the relevant laws, the plaintiff might have to bear half of the legal consequences such as litigation fees after withdrawing the lawsuit. At the same time, although the law did not limit the number of times the lawsuit was withdrawn, it would limit repeated lawsuits. For example, in a divorce case, if the plaintiff withdrew the lawsuit or the divorce case was handled according to the withdrawal of the lawsuit, if there was no new situation or new reason, and the lawsuit was filed within six months, it might not be accepted. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Can the defendant sue again if he loses the lawsuit after counterclaiming?
If the defendant lost the counterclaim, whether he could sue again would need to be discussed according to the situation. If the counterclaim was rejected by the judgment (that is, the lawsuit was rejected because it was found to lack sufficient facts and legal basis after the substantial trial), without new facts and reasons, it could not be sued according to the principle of "no longer see the case". If the counterclaim was rejected by the ruling (for example, after the case was filed, it was found that it did not meet the acceptance conditions stipulated by the Civil Litigant Law and the lawsuit was rejected), after correction, it met the requirements for the lawsuit, and it could be sued again for the same facts and reasons. For example, after the counterclaim was rejected because the subject was not qualified, if the subject was corrected, the lawsuit could be sued again; if the defendant was not clear about this situation and was rejected, the lawsuit could be sued again after the relevant information of the defendant was clear; if the counterclaim was rejected because there were no specific claims, facts, and reasons, the lawsuit could be sued again after correcting these problems, etc. However, if it was a situation that should not be accepted by the court (such as falling within the scope of moral constraints, there were legal or agreed pre-procedures that had not been completed, etc.), it could not be sued. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Teda wants to countersue Yanbian
In the 2017 incident, in response to Yanbian Fude's previous letter to the Football Association requesting a thorough investigation of the Tianjin derby, a senior member of the Tianjin Teda Club went to Beijing to complain about the so-called "complaint" and said that it was not ruled out that the other party was framed. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>