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A counterclaim is a claim for relief by the defendant against the plaintiff. The answer or response (Responsive Pleading) to the complaint may include a counterclaim. There is no filing fee to file a counterclaim.
Can you include a counterclaim in an answer?
Not all answers require a counterclaim. If you are prepared to file your answer, you may file it without a counterclaim, and later, after speaking with an attorney, add a counterclaim.
What is an example of a counterclaim?
Filing a counterclaim is not just a defensive move; its also an opportunity for the respondent to tell their side of the story and make their own demands regarding crucial matters such as custody of minor children, spousal support/alimony, and marital property division.
What are the rules for counterclaims in Mississippi?
A pleading may state as a counter-claim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing partys claim. (c) Counter-Claim Exceeding Opposing Claim. A counter-claim may or may not diminish or defeat the recovery sought by the opposing party.
What is an answer to counterclaim?
An Answer to a Counterclaim is a written response by you, the Plaintiff, to the Defendants Counterclaim. The Answer to Counterclaim must also state defenses to each of the Defendants counterclaims in short, plain statements.
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Oftentimes a party responding to a divorce complaint with an answer will file a counterclaim as well. The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.
Related links
Mississippi Rules of Civil Procedure
There shall be a complaint and an answer; a reply to a counter-claim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a.
There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a
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