Received execution subpoena counterclaim
When they received a subpoena to countersue, they had to first make it clear that the counterclaim had to meet certain conditions. The counterclaim party (defendant) must be a citizen, legal person, or other organization that has a direct interest in the case. There must be a clear defendant, specific claims, facts, and reasons for the lawsuit, and it must be within the scope of the people's court accepting civil litigation and under the jurisdiction of the people's court. Moreover, the counterclaim could only be brought by the defendant to the plaintiff, and could only be brought to the court that accepted the lawsuit. The counterclaim and the lawsuit must be applied to the same proceedings, and could not be under the exclusive jurisdiction of other courts. The counterclaim and the lawsuit must be related in fact or law. In terms of operation, the defense should be drafted as soon as possible. According to the regulations, a written defense should be submitted to the court within 15 days of receiving the complaint. If there was any objection to the court's jurisdiction, an application for jurisdiction objection could be submitted. Then, he would look at the evidence submitted by the plaintiff and collect evidence that was beneficial to him. At the same time, he had to prepare the rebuttal and its attachment, as well as all the evidence to support the point of view. In the document, he clearly stated his rebuttal requirements, specific facts, and detailed relevant reasons. After that, these materials would be submitted to the court, and the court would decide whether to accept the counterclaim. If the counterclaim was accepted, the original defendant and the defendant would exchange litigation status, and each party would enjoy the corresponding litigation rights and obligations that must be performed. If you want to send the counterclaim and materials to the court, it is recommended to use the safest EMS courier and keep the delivery certificate as supplementary evidence. It should be noted that if a court debate had been held in the first court session, a counterclaim could not be made; if there was no court debate in the last court session, a counterclaim could be made. Read more exciting novels for free
What are the conditions for a counterclaim?
The following conditions must be met to file a counterclaim: 1. Counterclaims must meet the requirements of the lawsuit, that is, the plaintiff must be a citizen, legal person, or other organization that has a direct interest in the case; there must be a clear defendant; there must be specific claims, facts, and reasons; it must be 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 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. For example, if a counterclaim is of an administrative nature, it cannot be established; if a counterclaim applies a special procedure and the original complaint applies an ordinary procedure, the counterclaim cannot be established; but the original complaint and the counterclaim apply an ordinary procedure and a summary procedure respectively, then they can be combined for trial. If the counterclaim is established, it shall be tried by the ordinary procedure. 5. Counterclaims should be filed before the end of the court debate. 6. The counterclaim must be based on the existence of this action. Without this action, there would be no counterclaim. If the plaintiff of this action requests to withdraw the lawsuit and is allowed before the defendant counterclaims, the defendant cannot raise a counterclaim. 7. The counterclaim is related to the main action, which means that the counterclaim and the main action's claim or cause of action are based on the same legal relationship or the same fact. 8. The counterclaim should be an independent claim, and its claim should be able to offset or annex the claim made by the plaintiff. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
entrust a lawyer to counterclaim
Causality between litigation and counterclaim
In a lawsuit, the causality between the counterclaim and the claim of the original lawsuit is one of the important conditions for the establishment of a counterclaim. If there is a causality between the original complaint and the counterclaim, it may satisfy the requirements for the establishment of the counterclaim. For example, if one party filed a lawsuit to ask the other party to pay the rent owed (this lawsuit), and the other party claimed that the rent was not paid because the ceiling fell off and injured himself, and then asked the owner of the house to compensate for personal injury (counterclaim), this reflected the causality between the lawsuit and the counterclaim. In addition, the purpose of the counterclaim is to withdraw or annex all or part of the claims of the plaintiffs. The counterclaim must meet certain conditions before it can be combined with the original claim. One of the conditions is that there is a causality between the original claim and the counterclaim. At the same time, the parties of the counterclaim should be limited to the scope of the parties of the original claim. Moreover, the original claim and the counterclaim must be based on the same legal relationship or the same legal facts. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Counterclaim falsified evidence of loss
In a civil lawsuit, if the counterclaim falsified evidence, the first thing to consider was whether the counterclaim was related to the lawsuit. If the counterparty falsified the evidence of loss in the lawsuit, the court would impose a fine and other penalties on it according to law. If the forgery of evidence was serious, it would involve violating the criminal law and would be investigated for criminal responsibility. If the counterclaim's forged evidence caused actual losses to the other party, the other party could file another lawsuit for compensation. In the process of cross-examination, if there was evidence to the contrary that proved the counterclaim's evidence was false, it could be presented in court for comparison. If there was no evidence, the counterclaim could be asked to produce the original or the original carrier first, and not apply for identification first. The other party could only apply after the original was produced. If it is proved to be forged after identification, the other party is obstructing the judicial trial. According to the provisions of the civil procedure law, the court can request a fine and detention. If it is suspected of a criminal offence, it shall be investigated for criminal responsibility according to law. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How to submit the counterclaim materials?
The defendant should submit the counterclaim materials to the court and pay the counterclaim litigation fees. Specifically, after preparing the counterclaim, evidence, and the identity certificate of the party (such as ID card, work permit, or household register, the entrusted agent must also submit a power of attorney stating the authorization of the entrusted agent) and other counterclaim materials, these materials could be submitted to the court. The court would review the counterclaim materials. If it was in line with the case, it would accept and notify both parties. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Second Trial Counterclaim Information
In a civil lawsuit, a counterclaim refers to an independent counterclaim that is related to the original lawsuit in a civil lawsuit (the original lawsuit) that has already begun. The defendant of the original lawsuit is the defendant of the original lawsuit. The counterclaims of the second trial were as follows: 1. ** Propose a time limit and deal with general situations ** - According to the law, the parties should file a counterclaim before the deadline for adducing evidence expired. However, in judicial practice, the general tendency should be raised during the defense process, and at the latest, it should be raised after the trial debate in the court of first instance. Because if a counterclaim was filed after the end of the trial debate, the lawsuit would inevitably be reopened when the plaintiff had no chance to refute, which would cause repeated labor and delay the trial of the lawsuit. However, for some civil cases with a large amount of subject matter and involving foreign economic disputes, after the lawsuit, defense, especially after the court debate, if the witness is willing to testify or correct the perjured evidence, the party should be allowed to file a counterclaim after the court debate and before the referee makes a decision. 2. ** Settlement of Counterclaims in the Second Instance ** - In the second instance, if the defendant of the original trial raises a counterclaim, the court may mediate the counterclaim according to the principle of the parties 'willingness; if the mediation fails, the parties shall be informed to file another lawsuit. However, if both parties agree to let the people's court of second instance try the case together, the people's court of second instance may decide the case together. In addition, the effect of counterclaims in the second trial was relatively limited, because the court could not directly accept counterclaims, but first mediate. If mediation failed, another lawsuit would be required, but it could also be tried. If the other party was willing to mediate, the problem might be solved. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Counterclaim for Small Win Card Debts
The counterclaim filed in the second trial was unsuccessful.
If the counterclaim in the second trial was unsuccessful, there were many possible situations. If the counterclaim was not accepted or supported by the court, the defendant would still have to perform the corresponding obligations according to the content of the judgment of the lawsuit and would lose the right to appeal to the higher court. In this case, the defendant could only decide whether to start the proceedings again. To raise a counterclaim in the second trial, relevant conditions must be met. For example, the counterclaim must be raised before the end of the court debate session and before the expiration of the first trial's time limit for adducing evidence. It must also be raised in the same court that heard the complaint. The counterclaim can only be raised against the plaintiff of the complaint. If these conditions are not met, the counterclaim may not be successful. In addition, counterclaims in the second trial usually could not be directly decided. The court would first mediate. If the mediation failed, the parties would be informed to sue separately. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Counterclaim fee for the second trial case
As for the counterclaim fee for the second trial case, if the people's court decides to combine the trial, it can pay half of the case acceptance fee on the basis of intellectual property civil cases (if there is no dispute amount or price, each case will pay 500 yuan to 1000 yuan), labor dispute cases (each case will pay 10 yuan), trademark/patent/maritime administrative cases (each case will pay 100 yuan), other administrative cases (each case will pay 50 yuan), etc. There was no separate calculation method for the second trial's litigation fees in the Methods for the Collection of Litigant fees. The second trial and the first trial shared a set of calculation methods. In the first instance, the counterclaim case could be charged by halving the amount of the counterclaim, and in the second instance, it could still be halved. If a property case is appealed, the lawsuit fee will be paid according to the amount of the appeal request. If the first trial applies the summary procedure, the second trial may cost twice as much as the first trial (because there is no summary procedure in the second trial). However, if the second trial partially appealed, the second trial may not have a corresponding relationship with the first trial. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What if the defendant loses and files a counterclaim?
If the defendant had already lost the lawsuit and then filed a counterclaim, the situation would be more complicated. According to the normal procedure of counterclaims, counterclaims should be raised during the process of this lawsuit. Usually, when the defendant of the lawsuit verbally stated the facts or read out the defense statement, he would make a counterclaim against the plaintiff's claim, and at the same time, he would explain the specific request and reasons. Its purpose was to reduce the burden of the parties, reduce the cost of litigation, and facilitate the execution of the judgment through the joint trial of the counterclaim and the lawsuit. However, the defendant's counterclaim after losing the lawsuit did not conform to the normal litigation process. Under normal circumstances, the court might not accept such a counterclaim. If the defendant was allowed to counterclaim after losing the lawsuit, it would disrupt the normal order of the lawsuit, break the stage and continuity of the proceedings, and may interfere with the completed trial process. If the defendant has new claims or believes that there are other disputes related to the lawsuit, it may need to be resolved through other legal channels, such as another lawsuit against the new dispute. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>