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Example 1: Claim: Some people say that cell phones should be banned from schools, because they distract from learning. Counterclaim: Others say that students should be allowed to carry cell phones for emergency purposes. Rebuttal: There are plenty of other, less-disruptive ways for parents and students to communicate.
A counterclaim is the opposite of the argument, or the opposing argument. A reason tells why the claim is made and is supported by the evidence. Evidence is the facts or research to support your claim.
A claim is the main argument. A counterclaim is the opposite of the claim, or argument.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed).
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.
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You cannot bring forward claims that: go against a judgement or order of a court. are more than R15 000. are against the State, local municipality or local government. are for the official cancellation of marriage.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit you will be deemed to admit facts that you forget to plead to; and.
You file a counterclaim, either by filing a Statement of Claim with the Small Claims Court within 5 days of receiving notice that you are being sued, or when you appear in court on the day of the hearing of the Claimants claim.
The counterclaim is made to offset the liability against the claim of the claimant or an independent claim of a person with related interests or obligations.
When you sue someone in small claims court, the person you are suing can turn around and sue you by filing a counterclaim. A counterclaim allows the defendant (now called the counterclaimant) to have his claim against the plaintiff (now called the counterdefendant) decided along with the plaintiffs claim in the

counter claim format pdf