counterclaim legal definition

A cause of action or claim for relief asserted in opposition to or as a setoff against the plaintiffÂ’s own cause of action or claim for relief and contained in the defendantÂ’s answer to the plaintiffÂ’s complaint. See also cross-claim.

A cause of action or claim for relief that arises from the same occurrence, transaction, or subject matter as the plaintiffÂ’s cause of action or claim for relief. Generally, the failure to raise such cause of action or claim for relief in the defendantÂ’s answer will prevent the defendant from bringing it up in a subsequent action.

A cause of action or claim for relief that does not arise from the same occurrence, transaction, or subject matter as the plaintiffÂ’s cause or action or claim for relief. The failure to raise such a cause of action or claim for relief in the defendantÂ’s answer will not prevent the defendant from bringing them up in a subsequent action.