You’ve got the choice of suing the plaintiff on your own own claims. This might be known as a вЂњcounterclaim.вЂќ Counterclaims end up in one of these simple two groups:
1. Compulsory counterclaims. In case the claim arises out from the exact exact same deal that underlies the plaintiff’s claim, you have got a вЂњcompulsory counterclaim.вЂќ You will lose the right to file a separate lawsuit if you do not file a counterclaim in plaintiffвЂ™s case. (NRCP 13; JCRCP 13.)
2. Permissive Counterclaims. When your claim will not arise out from the exact exact exact same deal that underlies the plaintiff’s claim, you’ve got a вЂњpermissive counterclaim.вЂќ You’re not expected to register it as a counterclaim in plaintiffвЂ™s instance against you. It is possible to assert it in a split lawsuit.
Here’s a good example of compulsory vs. permissive counterclaims:
- In the event that you sued a specialist for faulty work which he performed at your home, the contractorвЂ™s claim against you for unpaid cash for the job could be a compulsory counterclaim.
- In the event that specialist rather possessed a claim against you since you crashed your vehicle into their, that could be a permissive counterclaim. The specialist could pursue it in the event you filed against him, but he may also register an independent lawsuit.
- Do absolutely nothing
The plaintiff can вЂ“ and probably will if you do nothing! مطالعه بیشتر