How to Make a Counterclaim
When you are sued, you always have the option of turning around and counter-suing. This is called bringing a “counterclaim.” In some situations, you are required to bring a counterclaim, especially when it arises from the same incident as the lawsuit filed against you. In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints. While some states see these terms as interchangeable, other states define a cross-complaint as a lawsuit you bring against a third party, which usually includes co-parties (i.e., not the plaintiff who is suing you).