Counterclaim — in plain language

Plain language

a claim you file against the person who sued you — instead of just defending yourself, you're saying they owe you money or did something wrong too

• claim back against the person who sued you
• lawsuit filed by the defendant against the plaintiff
• claim made in response to being sued

What to watch for

• Non-lawyers often think a counterclaim is just a defense — but it's actually a separate lawsuit filed by the defendant against the plaintiff. The translation must make clear that the defendant is now the one making claims, not just responding.
• Compulsory vs. permissive counterclaims have different consequences. A compulsory counterclaim must be filed in the same lawsuit or it's lost forever. A permissive counterclaim can be filed separately. The plain-language version should clarify which type applies.
• In contracts, 'counterclaim' often appears in clauses about disputes between parties. This is different from courtroom counterclaims — it just means one party can assert claims against the other. The translation should not imply court proceedings unless that's intended.
• Cross-claims and third-party complaints are often confused with counterclaims. A cross-claim is against a co-party (like a co-defendant), and a third-party complaint brings in a new defendant. These need different plain-language translations.

Compulsory vs. Permissive Counterclaims. The two main types of counterclaims have very different consequences. A compulsory counterclaim must be filed in the same lawsuit or it's lost forever. A permissive counterclaim can be filed separately. The plain-language version should clarify which type applies based on whether the claims arise from the same situation.

Counterclaims in Contracts vs. Court. In legal contracts, you'll often see clauses about counterclaims in dispute resolution sections. This doesn't necessarily mean court proceedings — it just means one party can assert claims against the other. The translation should not imply formal litigation unless that's clearly intended.

Common Misunderstandings by Non-Lawyers.

• "A counterclaim is just another name for a defense." (No — a defense says you didn't do what you're accused of; a counterclaim says the other side owes you something.)
• "If I'm sued, I can wait and file my counterclaim later." (Only for permissive counterclaims — compulsory counterclaims must be filed now or lost forever.)
• "A counterclaim means the case will take longer." (Not necessarily — courts have procedures to handle counterclaims efficiently.)

Legal definition

A counterclaim is when the person being sued (the defendant) files their own lawsuit against the person who sued them (the plaintiff). Instead of just defending against the original claims, the defendant is now saying the plaintiff owes them money or did something wrong too.

Meanings by context

compulsory counterclaim: If you're sued and have a claim against the person who sued you that comes from the same situation, you must file it now or lose the right to file it later.

permissive counterclaim: If you're sued and have a separate claim against the person who sued you that comes from a different situation, you can file it now or wait and file it later in a different lawsuit.

Examples

Where you'll see it

• civil court filings
• answer to complaint
• litigation proceedings
• settlement negotiations

Related terms

• denial
• admission
• cross-claim
• third-party complaint
• compulsory counterclaim
• permissive counterclaim

Word details

Pronunciation

KOWN-ter-claim

Part of speech

noun

Origin

Anglo-French — counter (against) + claim

Domains

litigation claims, responses to claims, civil procedure

Frequency

common

Formality

high