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Law vocabulary · Lawsuits & Procedure

Counterclaim

Meaning in law, with examples

/ˈkaʊntəkleɪm/nounCommon term

In law, counterclaim means: A claim that a defendant brings against the claimant in the same proceedings, so that both sides' claims are decided together.

In Turkish: karşılık dava, karşı dava

How it is used

A defendant 'brings', 'makes' or 'files' a counterclaim, often together with its defence. It is also a verb: 'The supplier counterclaimed for unpaid invoices.' Do not confuse it with 'set-off', where the defendant simply deducts what it is owed from what it owes.

Example sentences

  1. The tenant brought a counterclaim for the cost of repairs.

  2. The court dismissed the claim but allowed the counterclaim in part.

Common collocations

  • bring a counterclaim
  • defence and counterclaim
  • counterclaim for damages
  • dismiss the counterclaim
  • claimA formal demand for money, property or another remedy, especially one made in court; also a statement that something is true which has not yet been proved.
  • defendantThe person or company that a case is brought against: the side that must answer a civil claim or a criminal charge.
  • claimantThe person or organisation that starts a civil case in the courts of England and Wales; the word used there instead of plaintiff since 1999.
  • complaintIn US civil procedure, the first document a plaintiff files to start a lawsuit, setting out the facts, the legal claims and what the plaintiff asks the court to order.
  • proceedingsThe formal steps of a legal case, from the moment it is started until it is finished; the legal process as a whole.

More terms: Lawsuits & Procedure

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This page explains English vocabulary for learners. It is not legal advice.