counterclaim

counterclaim
A claim which, if established, will defeat or in some way qualify the judgment or relief to which the plaintiff is otherwise entitled. 20 Am J2d Countcl § 3; a counter demand or a cause of action existing in favor of the defendant against the plaintiff, on which the defendant might have secured affirmative relief had he sued the plaintiff in a separate action. 20 Am J2d Countcl § 3. The statement, in a separate division of an answer, of defendant's cause of action against plaintiff is a counterclaim. Linscott v Linscott. 243 Iowa 335, 51 NW2d 428, 30 ALR2d 789. See cross-demand; recoupment; reconvention; setoff.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • counterclaim — coun·ter·claim / kau̇n tər ˌklām/ n: a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative defense at defense, cross action, cross appeal …   Law dictionary

  • counterclaim — [kount′ər klām΄; ] for v., also [ kount΄ər klām′] n. an opposing claim, esp. one by a defendant against a plaintiff s claim in a lawsuit vt., vi. to present as, or make, a counterclaim counterclaimant n …   English World dictionary

  • Counterclaim — Coun ter*claim ( kl[=a]m ), n. (Law) A claim made by a person as an offset to a claim made on him. [1913 Webster] …   The Collaborative International Dictionary of English

  • Counterclaim — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed.R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states,… …   Black's law dictionary

  • counterclaim — UK [ˈkaʊntə(r)ˌkleɪm] / US [ˈkaʊntərˌkleɪm] noun [countable] Word forms counterclaim : singular counterclaim plural counterclaims a statement that you make against someone who has made a statement against you, especially in a legal case Derived… …   English dictionary

  • counterclaim — n. 1) to bring, enter, make a counterclaim 2) a counterclaim against * * * [ˌkaʊntə kleɪm] enter make a counterclaim a counterclaim against to bring …   Combinatory dictionary

  • counterclaim — I. noun Date: 1784 an opposing claim; especially a claim brought by a defendant against a plaintiff in a legal action II. verb Date: 1857 intransitive verb to enter or plead a counterclaim transitive verb to ask in a counterclaim …   New Collegiate Dictionary

  • counterclaim — 1. noun a suit filed by a defendant against a plaintiff secondary to the original complaint. 2. verb To file a counterclaim …   Wiktionary

  • counterclaim — n. claim made in opposition to an earlier claim v. enter an opposing claim, make a counterclaim …   English contemporary dictionary

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