25 dez Giving An Answer To A problem If You’ve Been Sued

Giving An Answer To A problem If You've Been Sued

You've got the choice of suing the plaintiff in your claims that are own. That is called a “counterclaim.” 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 “compulsory counterclaim.” You will lose the right to file a separate lawsuit if you do not file a counterclaim in plaintiff’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 “permissive counterclaim.” You aren't needed to register it being a counterclaim in plaintiff’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 contractor’s claim against you.

Leia mais