You've got the choice of suing the plaintiff in your claims that are own. That is called a вЂњcounterclaim.вЂќ Counterclaims belong to one of these simple two groups:
1. Compulsory counterclaims. If the claim arises out from the exact same deal that underlies the plaintiff's claim, you have got a вЂњcompulsory counterclaim.вЂќ You will lose the right to file a separate lawsuit if you do not file a counterclaim in plaintiffвЂ™s case. (NRCP 13; JCRCP 13.)
2. Permissive Counterclaims. Should your claim will not arise out from the exact exact same deal that underlies the plaintiff's claim, you've got a вЂњpermissive counterclaim.вЂќ You aren't needed to register it being a counterclaim in plaintiffвЂ™s instance against you. You are able to assert it in a lawsuit that is separate.
The following is a good example of compulsory vs. counterclaims that are permissive
- For unpaid money for the work would be a compulsory counterclaim if you sued a contractor for defective work that he performed at your house, the contractorвЂ™s claim against you.