It's a lawsuit filed by a defendant against a plaintiff in direct response to a suit brought against the debtor by that plaintiff. The countersuit asserts an independent Cause of Action in favor of the defendant (debtor). ... Therefore, if you are told a counterclaim has been filed, clarify its meaning immediately.

What is an example of a counterclaim?

The definition of a counterclaim is a claim made to rebut accusations against you. If you are sued for breaching a contract and you, in turn, also file suit against the plaintiff and claim that he was really the one who breached the contract, your claim against the original plaintiff is an example of a counterclaim.

What Happens After a counterclaim is filed?

After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.