what is claim and counterclaim
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.
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1 answer
2026-07-02 03:59
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.
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2026-07-14 07:26
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.
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2026-07-03 10:55
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.
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2026-07-03 07:03
Counterclaim for Small Win Card Debts
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2026-07-04 02:15
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.
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2026-07-03 04:42
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.
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2026-07-02 10:41
Gulou District contracting project dispute counterclaim
Regarding the counterclaim in the dispute over the contracting project in Gulou District, the counterclaim is an independent right of claim enjoyed by the defendant in a civil lawsuit. In a dispute over a construction contract (including the contracting project dispute in Gulou District), if the defendant's claim exceeded the scope of the plaintiff's claim and had the content of an independent payment request, it should be regarded as a counterclaim, otherwise it would be a defense.
The purpose of a counterclaim is to annex, offset, or exclude the claims of the original plaintiff, and the parties to the counterclaim should be limited to the scope of the parties to the original lawsuit. If the counterclaim and the claim in this lawsuit are based on the same legal relationship, there is a causality between the claims, or the counterclaim and the claim in this lawsuit are based on the same facts, the people's court shall try them together. If the counterclaim should be under the exclusive jurisdiction of another people's court, or if it has nothing to do with the object of the lawsuit and the facts and reasons on which the claim is based, the court shall rule that it shall not be accepted and inform the court to file another lawsuit.
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2026-07-03 05:12
Do you pay the legal fees for the second trial counterclaim?
They had to pay legal fees. According to the relevant regulations, for the defendant who filed a counterclaim, the legal fee would be halved when the counterclaim was filed. In the second trial, if the party filed an appeal against the counterclaim in the first trial, according to the original intention of the "Method for the payment of litigation fees," the case acceptance fee should still be halved. Moreover, the litigation fees for the second instance case should be paid during the appeal period, usually to the court of second instance.
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2026-07-05 08:10
What is a claim in a story?
A claim in a story is a statement or assertion made by a character or the narrator about something. It can be about an event, a situation, or a person.
2 answers
2024-10-06 10:35
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