Preparation of a counterclaim in a civil case

If you want to file a counterclaim as a defendant in a civil case, you need to collect all the evidence, and it is better to do this with the help of a lawyer or attorney. He or she will draw up a statement of claim professionally and in due time. It is only important that this claim has something in common with the one filed against you. The purpose of filing counterclaims is to save time and protect the interests of the defendant in the case.

Such specialists work in our law firm "RegService" on a regular basis. They know the rules for drafting a statement of claim and are ready to defend your interests in court.

Rules for filing a counterclaim in civil law

The deadline for filing a counterclaim is limited by the court to the time limit for filing a withdrawal in the case, usually limited to a few days, so you will have to hurry up to be on time.

The claim is drawn up and executed in the same way as in any civil action, in compliance with civil law. In case of non-payment of the state fee, if the statement is incorrectly drawn up, if there is insufficient evidence, the claim remains without movement. The judge gives time to correct the mistakes. If the mistakes are not corrected, the statement is returned to the plaintiff.

What are the grounds for filing a counterclaim in a civil case?

Not every participant in a lawsuit can file a counterclaim; only the defendant has the right to file it. It is filed by the original plaintiff. Filing a counterclaim is possible only in the first instance. A counterclaim can be refuted in any instance. A counterclaim is considered at the same address and in the same court instance as the main case.

There are many grounds for filing a counterclaim. Let's see how a lawyer can help you:

• the lawyer helps you to properly prepare all the necessary documentation for filing a claim;
• a competent tactic and strategy is chosen;
• a legal expert analyzes and explains all the pitfalls to the client.

How is a counterclaim secured?

The claim is secured by:

1. seizure of property or funds;
2. prohibition to perform certain actions,
3. establishing an obligation to perform certain actions;
4. prohibiting other persons from making payments to the defendant;
5. suspension of the sale of seized property if a claim for recognition of ownership of such property has been filed;
6. transfer of the thing in dispute for storage to other persons.

In addition, we note the inadmissibility of securing a claim by suspending the execution of court decisions that have entered into force (paragraph 2 of the Resolution of the Plenum of the Supreme Court of Ukraine "On the Practice of Application of Civil Procedural Law by Courts in Considering Applications for Securing a Claim").

Do you still have any questions about conducting a civil case? Use our services. We will help you to correctly assess the judicial prospects of the claim.

A specialist is waiting for you by phone, you can also write us a letter or contact us via online chat. We will resolve all issues promptly, with the involvement of the best specialists of RegService. We guarantee a positive result while saving your time, money, physical and mental health. We help when others refuse.

You may also be interested in:

• Preparation of a statement of claim in court, objections in a civil case
• Representation in a civil case in the court of first instance
• Preparation and filing of an appeal, objection in a civil case
• Preparation of a cassation appeal, objection in a civil case
• Representation in court in civil cases

 

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