How to issue a counterclaim
How to issue a counterclaim
Counter action can be executed by the respondent in relation to the claimant and declared in court. At the same time, it will be considered together with the initial (submitted from the plaintiff) actiona new statement.
Instructions
1
Make a "cap" of the document: in which court do you forward the counter action, indicate the address of this public institution(as a rule, you can write only the city). Further, mark the person's name or legal form and the name of the company that is the plaintiff. In this case, if it is a legal entity, then it is necessary to specify here the bank details of this company.
2
Indicate who the defendant is. In this case, enter your name or company name and its organizational form (if you write a counter action on behalf of the organization). Further, if necessary, note the cost actiona.
3
Type the name of the document: "Counter actiona new statement. " Next, write the reason for this actionbut, that is, what is the purpose of this document. For example: "on recovery of unreasonably received funds." Further, if action is determined by the receipt of some amount, specify it.
4
Write, in connection with which you submit thisstatement. For example, you can start as follows: "According to the decision of the general meeting of the founders of the company." Then indicate which results were identified, mark the supporting documents and specific persons who made some decisions related to the contentious issue. Since acceptance for consideration of the counter actionbut is dictated by considerations of practical convenience, the requirements that are set out primarily and counter actionThey must be homogeneous or claimed in relation to the same contentious issue.
5
note that actionYour counter-application must meet all the necessary requirements of the CCP Art. 126 and be paid by the state duty. It can be brought only before the court makes its decision.
6
Write in a counter-application: "Please" or "I ask", depending on who is the defendant. If you write from yourself as from an individual, then you need to write: "Please." In turn, if you are action on behalf of the company, then type: "Please." After that, indicate what you are asking the court, that is, what decision you are asking to take the judge and what is the resolution of the disputable issue.
7
Put your signature and specify the name, the date of filling in the counter actiona. If the document was filled out on behalf of the company, sign the director general of the organization, date and stamp.
