Counterclaim

A claim filed by a defendant against the plaintiff in the same lawsuit.

A counterclaim is when the person being sued (the defendant) files their own claim against the person who sued them (the plaintiff) in the same case. Instead of just defending against the lawsuit, the defendant says the plaintiff also owes them something – like money or property.

A counterclaim is filed as part of the defendant’s answer to the original lawsuit. The court then decides both claims together. In Minnesota, counterclaims can be filed in all civil courts, including conciliation (small claims) court.

Why it matters: If someone sues you, you may have a valid claim against them too. Filing a counterclaim lets you raise that claim in the same case instead of starting a separate lawsuit. This saves time and money for everyone. If you do not file a counterclaim that arises from the same situation, you may lose the right to bring it later.

Example: Your landlord sues you for unpaid rent. You believe the landlord owes you money because they never returned your security deposit. You file a counterclaim for the deposit amount, and the judge hears both sides in the same hearing.

When you might see this term

Civil lawsuits, contract disputes, landlord-tenant cases, and small claims court

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