We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Permissive Counterclaims: What You Need to Know About Their Legal Definition
Definition & Meaning
A permissive counterclaim is a type of legal claim that a defendant can bring against a plaintiff in response to a lawsuit. Unlike a compulsory counterclaim, which must arise from the same transaction as the plaintiff's original claim, a permissive counterclaim does not have to be related to the same events. This means that if a defendant chooses not to assert a permissive counterclaim in the current case, they still retain the right to bring that claim in the future. However, it is important to note that a permissive counterclaim must have its own basis for jurisdiction, which means it must meet certain legal requirements, including the jurisdictional amount in controversy.
Table of content
Legal Use & context
Permissive counterclaims are primarily used in civil litigation. They allow defendants to raise additional claims against plaintiffs that are not directly related to the original lawsuit. This can occur in various legal areas, including:
Contract disputes
Tort claims
Family law cases
Users can manage these claims with the help of legal templates available through US Legal Forms, which are drafted by qualified attorneys to ensure compliance with legal standards.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example)
In a breach of contract case where the plaintiff sues for unpaid services, the defendant may file a permissive counterclaim for damages caused by the plaintiff's failure to fulfill their obligations under the contract.
A defendant in a personal injury lawsuit may assert a permissive counterclaim against the plaintiff for defamation related to statements made during the lawsuit.
State-by-state differences
Examples of state differences (not exhaustive):
State
Permissive Counterclaim Rules
California
Permissive counterclaims must be filed in the same action.
Texas
Permissive counterclaims can be filed separately if they meet jurisdictional requirements.
New York
Permissive counterclaims must have an independent basis for jurisdiction.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Compulsory Counterclaim
A claim that must be raised in the current lawsuit or it is waived.
Cross-Claim
A claim brought by one defendant against another defendant in the same action.
Affirmative Defense
A defense that admits the facts of the plaintiff's claim but introduces new facts to defeat it.
Common misunderstandings
What to do if this term applies to you
If you are involved in a lawsuit and believe you have a permissive counterclaim, consider the following steps:
Review the facts of your case to determine if you have a valid claim.
Consult with a legal professional to understand your options and the implications of filing a counterclaim.
Explore US Legal Forms for templates that can help you draft your counterclaim effectively.
For complex matters, seeking professional legal assistance is recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.