A counterclaim is a claim brought by a defendant against the plaintiff in the same case.
In plain language, it is the defendant saying, “I have a claim against you too.” A counterclaim can be closely related to the plaintiff’s claim or, in some situations, separate from it.
Why it matters
Counterclaims matter because they can change a case from a one-direction dispute into a two-sided dispute. The defendant may seek damages, an injunction, a declaration of rights, or another remedy.
They also matter because some counterclaims must be raised in the current case or they may be lost later, depending on the rules.
Where it appears
Counterclaims appear in answers, amended pleadings, business disputes, contract cases, property disputes, and civil litigation where both sides claim the other caused harm.
Practical example
A contractor sues a homeowner for unpaid invoices. The homeowner answers and files a counterclaim alleging defective work.
How it differs from nearby terms
A counterclaim differs from a crossclaim. A counterclaim is against an opposing party, usually the plaintiff. A crossclaim is against a co-party.
It also differs from an affirmative defense. An affirmative defense defeats or limits liability; a counterclaim seeks relief from the opposing party.
Related terms
Quick knowledge check
Question: Who usually brings a counterclaim?
Answer: A defendant brings it against the plaintiff or another opposing party.