Counterclaim

A counterclaim is a procedural document that a plaintiff files with the court to be heard at the same time as the original lawsuit.

A counterclaim allows the defendant to protect his own rights and interests by making demands against the initiator of the case, being an important element of claim-lawsuit work that effectively protects the interests of the enterprise in business disputes.

The main characteristics of the counterclaim

1. Basis for submission. A counterclaim may be filed when the defendant has claims against the plaintiff that are closely related to the subject of the original claim.

2. Submission procedure. A counterclaim is filed within the legal process that already exists. The defendant files a counterclaim to the court that is already considering the original claim.

3. Connection with the original claim. Those circumstances and facts that form the basis of a counterclaim must have something in common with the subject of the primary claim.

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Content/form of counterclaim

The document should contain the following information:

• the name of the court to which the claim is filed
• if the lawsuit is filed by a legal entity, its full name, location, identification code in the Unified State Register should be indicated;
• when filing a claim by an individual, indicate the surname, first name, patronymic, place of residence, postal code, registration number of the taxpayer’s account card, passport number and series, contact data (phone number, e-mail address);
• the price of the claim. If he needs a monetary assessment – indicate the price of the claim and a justified calculation of the amounts to be charged;
• the content of claims – describe the methods of protecting rights. If the lawsuit was filed against several defendants, it is necessary to indicate the requirements for each;
• it is necessary to provide an evidentiary base that will confirm the requirements, explain the circumstances and legal grounds of the claim;
• information on the measures taken for pre-trial settlement of the dispute (if this is provided for by law);
• specify information about those measures to secure evidence or the claim, which were taken by the claimant before filing the claim;
• the list of documents (evidence) that was attached to the statement of claim. Be sure to indicate the originals of the documents, copies of which are attached.

Counterclaim security

Counterclaim security is the deposit of funds by the defendant into the court’s deposit account/the provision of bank guarantees for the required amount.

The purpose of the counterclaim

Protection of the claimant from possible losses that he could incur due to securing the claim.

Reasons for application:

• according to the submitted petition
• at the initiative of the court

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The size of the claim security amount

The size of the amount must not be less than the size of the claim security. This issue is decided by the court.

Counterclaim form

• depositing money into the court’s deposit account
• provision of guarantees by the bank (confirming the solvency of the person)

Security in any other form will not be accepted by the court.

Terms

When deciding the issue of securing a claim, the court may require counter-security prior to the execution of the decision on securing the claim.

Consequences of non-compliance

The court will cancel the decision on securing the claim in the event that the defendant does not fulfill the requirements for the corresponding security.

If the court leaves the claim without consideration, rejects it or closes the proceedings, the decision on securing the claim will be cancelled.

In which cases the counter security will be returned

• in the event that the claim is dismissed on the basis of the grounds provided for by law
• the claim will be refused

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Filing a counterclaim

The procedure for filing a counterclaim is regulated by the Economic Procedural Code of Ukraine and consists of several stages:

1. Preparation for filing a counterclaim. The validity of the claims in which the connection between the primary and counterclaims is traced is important.

2. Drafting a counterclaim. The requirements for filing lawsuits are common. All submissions, both evidence and objections, are directly related to one proceeding.

Court decision and its implementation

The decision of the court is taken simultaneously on the primary and counterclaims, which allows to comprehensively solve the case and ensure justice.Decisions made on both lawsuits are binding. The procedure of forced execution of the decision can be applied by the court in case of refusal to execute it voluntarily.

Filing a counterclaim is a complex legal process that requires in-depth knowledge of legislation and experience in conducting business affairs. Our team of experienced lawyers is ready to provide you with professional assistance at every stage – from filing a claim to representing your interests in court. Fill out the feedback form below and sign up for a consultation with a lawyer.