Preparation of a counterclaim in a civil case

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Being a defendant in a civil case, any individual or representative of a company has the right to challenge the plaintiff's claims. One of the most effective ways of defense in such a case is filing a counterclaim.

The jurisdiction of civil and criminal cases in Ukraine belongs to the courts of first instance - city, district, district in cities. They also consider counterclaims. Like the primary, the counterclaim must comply with the rules of law, filed in the form established by law, and also provides for the payment of state duty. In case of non-compliance with any of the requirements, the document may remain unexamined.

If you turn to Legal Solutions lawyers for help, you will know the answer to the question whether you should file a counterclaim and simplify the procedure of court consideration of the case. We provide support in various types of proceedings governed by the rules of civil law (debt collection, compensation for damages, non-fulfillment of contractual terms, disputes regarding ownership of property, etc.).

Peculiarities of drawing up a counterclaim

The defendant, who received a statement of claim and evidence documents by mail, has several options:

• agree with the requirements;
• send to the court a response to the claim (until 2018 - an objection, according to the current rules, the objection is prepared after receiving a response to the response);
• file a counterclaim.

In contrast to the withdrawal, the counter document not only deals with the concretization of certain provisions of the primary claim, but also states claims on the part of the defendant. The counterclaim may be filed simultaneously with the main claim (considered within the framework of one case) or in any period of time determined by the judge for filing a defense. A mandatory condition for the acceptance of a counterclaim is the interconnectedness of the claims, arising from the same legal relations. That is, its approval will mean the exclusion of a fully or partially positive decision regarding the primary claims.

The content of the document

Like the main one, the counterclaim contains the following sections:

1. Introduction (name of the court, information about the parties to the dispute and the third parties involved).
2. Statement of the main text with references to normative acts, citation of evidence, wording of the claim that the applicant is asking to recognize.
3. Conclusions (list of documents that serve as an evidentiary basis).
4. Date and signature of the plaintiff (defendant in the primary claim) or his representative.

The staff of Legal Solutions uses a standard sample application, while carefully working out all the subtleties related to a particular case.

What is included in the services of drafting a counterclaim?

1. Analysis of the current situation, assessment of the effectiveness of such a protection measure.
2. Preparation of documents confirming the legitimacy of the defendant's claims.
3. Drafting of the claim.
4. Payment of state duty.
5. Sending documents to the court.

In connection with frequent changes in legislation, the order of registration and filing of the application can also change. To learn all the nuances of the procedure, get effective legal support, contact us by phone or leave a request for a callback.

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