Just got hit with a counterclaim? Learn how to tackle it head-on and turn the tables with a smart, strategic response.
When you’re the plaintiff and the defendant files a counterclaim, the case just got more complicated—and more urgent. Responding to counterclaims in your answer isn’t just a box-checking exercise; it’s your opportunity to refute new allegations, assert defenses, and maintain your advantage in the courtroom.
This step-by-step guide explains how to properly address counterclaims in civil litigation and respond effectively without missing a beat.
A counterclaim is the defendant’s legal claim against you, often stemming from the same facts as your original lawsuit. Instead of just defending themselves, the defendant is now trying to flip the script and sue you right back.
There are two main types:
Compulsory Counterclaims: Arise out of the same event or transaction in your original complaint. These must be filed in the current case.
Permissive Counterclaims: Unrelated to your initial lawsuit and can be filed separately—but may still appear in the same case.
Whether related or not, you must respond to each counterclaim or risk a default judgment against you.
Before reacting, take time to understand:
What legal claims the defendant is making.
The facts they allege.
The relief they’re seeking (money, injunction, etc.).
Start by identifying whether the counterclaims are legally valid and whether they’re tactically motivated or retaliatory.
Each paragraph in the counterclaim should get its own response in your answer:
Admit: If the statement is true.
Deny: If you disagree with the statement.
Lack of Knowledge: If you don’t have enough information to admit or deny.
Example:
Counterclaim: “Plaintiff breached the contract by failing to deliver services on time.”
Response: “Plaintiff denies the allegations in the counterclaim and asserts that all services were delivered on or before the agreed date.”
Don’t stop at denials—fight back with affirmative defenses that can block or weaken the counterclaims. Common defenses include:
Statute of Limitations: The claim is too old to be valid.
Lack of Jurisdiction: The court has no legal authority over the issue.
Failure to State a Claim: The counterclaim doesn’t meet the legal criteria.
Estoppel/Waiver: The defendant had already accepted or overlooked the issue.
No Breach/Performance Was Excused: Especially in contract cases.
Example:
“Defendant’s counterclaim is barred by the statute of limitations under [applicable law] because the alleged breach occurred more than two years ago.”
If you have legitimate claims against the defendant, include your counter-counterclaims (yes, that’s a thing) in the same document. Just make sure:
They’re clearly labeled and factually supported.
You’re filing them in line with procedural rules.
This can help you regain leverage and keep the litigation balanced.
If your response hinges on evidence—contracts, emails, receipts—reference those clearly in your answer. You don’t always need to attach them at this stage, but be ready to produce them during discovery.
Example:
“See Exhibit A – Email chain confirming delivery timelines agreed upon in July 2023.”
Don’t get tripped up on technicalities. Check:
Deadlines: Usually 20–30 days from when you were served with the counterclaim.
Formatting requirements: Line spacing, font size, margins, etc.
Numbering conventions: Courts often require each paragraph to be numbered for easy reference.
Service: Serve the opposing party using certified mail, process server, or as instructed by court rules.
Once your response is complete:
File it with the same court where the original lawsuit is pending.
Pay any applicable filing fees (check your local rules).
Serve the defendant (now technically a counterclaim plaintiff) with your answer to their counterclaim.
When a defendant files a counterclaim, they’re putting you on the defensive—but you don’t have to stay there. A clear, strategic, and well-supported answer protects your rights, keeps the case on track, and may even put the pressure right back on them.
💼 Let Legal Husk Help You Respond with Confidence
At Legal Husk, we specialize in drafting and responding to complex legal documents—counterclaims included. Whether you need a polished answer, help building a defense, or guidance through court rules, we’re here for you.
📌 Need help with a counterclaim?
Don’t let your silence speak for you. File your answer the right way—and on time.
📞 Reach out today or visit us online to get started.
👉 Visit:
🔗 legalhusk.com
🔗 legalhusk.com/services
🔗 legalhusk.com/services/civil-litigation
🔗 legalhusk.com/about-us
💬 Start strong—start with Legal Husk.
🧠 Pro Tip: Don’t ignore a counterclaim—it’s a real lawsuit wrapped inside your lawsuit. Respond as if you’re being sued—because you are.
📩 Need to draft your answer now?
Let Legal Husk help you get it right—the first time.
Whether you are dealing with a complex family matter, facing criminal charges, or navigating the intricacies of business law, our mission is to provide you with comprehensive, compassionate, and expert legal guidance.
