Counterclaim in a commercial proceeding

A counterclaim is a substantive claim of the defendant against the plaintiff. It is a specific means of protection that allows not only to object to the plaintiff’s claims in the original claim, but also to put forward their own claims in court. A counterclaim is usually accepted by the court for consideration when both claims arise from the same legal relationship, or the satisfaction of the counterclaim may completely or partially exclude the satisfaction of the original. To learn more, we suggest that you read the article below.

When is a counterclaim filed in a commercial proceeding?

A counterclaim in a commercial proceeding is filed within the framework of an already opened court proceeding for joint consideration with the main document. The defendant has the right to file it, firstly, if its consideration will be important for securing or cancelling the securing of the original claim, secondly, within the period clearly defined by the Civil Procedure Code (counted from the moment of receiving the resolution on the opening of proceedings) and at the stage of preparatory proceedings. It is also worth emphasizing that filing a counterclaim is the implementation of the principle of adversarial proceedings between the parties in a commercial proceeding. The most typical situations for filing such a claim are:

• collection of debt for goods or services;
• collection of rent;
• reimbursement of the cost of repair (construction) works;
• collection of a fine for inadequate quality of goods, etc.

How to prepare a counterclaim: basic requirements according to the law

Contents of a counterclaim

A counterclaim must comply with all standards of legislation in the field of economic procedure and contain the following information:

• a statement of the circumstances by which the defendant justifies his claims;
• references to evidence confirming each circumstance of the case;
• calculation of court costs (the court fee and the cost of lawyer’s services are taken into account);
• a request for consideration of the case in simplified proceedings (for minor or uncomplicated cases).

Important to know! If the application does not meet the formal requirements, it remains without a motion to eliminate the shortcomings. As a rule, an appropriate period is also provided for this (up to 10 days). To learn more, we suggest ordering a consultation with our lawyer for economic cases.

Appendices to the counterclaim

The counterclaim must also include a full list of attachments, such as;

• a receipt for payment of the court fee (a document confirming exemption from its payment);
• proof of sending copies of the document to the parties in the business case (a description of the attachment to the security deposit, etc.);
• documents confirming the adoption of measures for pre-trial settlement of the dispute (if necessary);
• documents confirming the authority of the signatory of the counterclaim (passport and tax code of the applicant, or a power of attorney or order for the provision of legal assistance by a lawyer).

When should a counterclaim be filed?

A counterclaim is filed exclusively with the same court that is already considering the original case, within the period for appeal. Usually, this period is established by the court in the ruling on the initiation of proceedings and is 15 days from the date of delivery of the relevant ruling. The deadline for filing the document is before the completion of the preparatory proceedings in the case.

How can a lawyer in a commercial case help you file a counterclaim?

A lawyer in a commercial case from the Law Firm “Prikhodko and Partners” does not just write a legally competent text in a procedural document, he develops a strategy for your defense as a whole. First of all, he will assess whether the satisfaction of your claims will really override the claims of the plaintiff, and what are the chances of satisfying the counterclaim in the commercial case as a whole (taking into account the current judicial practice in similar cases). The main services of our lawyer include:

• first, professional consulting;
• second, collection and preparation of the evidence base;
• third, professional drafting of procedural documents (correction of shortcomings in them);
• fourth, support in concluding a settlement agreement or pre-trial settlement of a commercial dispute;
• fifth, other relevant legal services.

To summarize, a counterclaim (statement of claim) in a commercial proceeding is an additional and powerful tool for the defendant’s protection. Such a document allows not only to offset the plaintiff’s claims, but also to realize the material claims of the other party within the same case (for example, in cases of debt collection, compensation for damage, etc.). The effectiveness of this mechanism depends on compliance with strict procedural requirements regarding the content of the procedural document and the deadlines for its submission. Since filing a counterclaim in a commercial proceeding requires an impeccable evidentiary base and clear legal justification, the involvement of a professional lawyer in this area is critically important for the successful resolution of the dispute.

To receive legal advice and find out the cost of his services in developing and filing a counterclaim in a commercial proceeding, fill out the form below.