DocketX

DocketX / Glossary / counterclaim

Counterclaim

A counterclaim is a lawsuit filed by the person being sued against the person who sued them, all within the same case.

What it actually is

A counterclaim is a written claim that the defendant files in response to the plaintiff's original complaint. It asserts that the plaintiff owes the defendant something or has harmed the defendant, allowing both sides' disputes to be resolved in one proceeding.

Why it matters in your case

If you are sued, filing a counterclaim lets you seek compensation or a remedy from the person who sued you without having to start a separate lawsuit. It can save time and money, but it also means you must prove your claim just as the plaintiff must prove theirs.

The common misunderstanding

Many people think a counterclaim is simply a defense or denial, but it is actually an independent legal claim that the defendant is making. Filing a counterclaim also means you may be subject to a jury trial and rules of evidence, not just a chance to tell your side.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.