Objection to counterclaim

An objection to a counterclaim is, in fact, the second round of a legal dispute, when the defendant in the original claim decides to declare his own claims against the plaintiff. Files in .DOC: Form of objection to a counterclaim Sample of objection to a counterclaim

Grounds for writing objections

A trial is, as a rule, a confrontation between two parties within the limits of the possibilities provided to the parties by law. Thus, a counterclaim is a legal way to neutralize the plaintiff's claims by countering them with counterclaims.

Typically, a counterclaim is just part of a “chess game” played out in court, a way to disorient or intimidate the original plaintiff, or a way to delay the trial.

The secondary nature of counterclaims is explained by the fact that counterclaims are derivative from the original ones. And if there had not been an initial claim, then the claims of the counterclaim would never have come to light.

From the moment a counterclaim appears, each of the parties to the proceeding acquires a dual status, that is, it becomes both a plaintiff and a defendant. Accordingly, the plaintiff, by virtue of Art. 149 of the Code of Civil Procedure of the Russian Federation, receives the right to write a review or objection to the counterclaim.

Procedure for filing objections

After the application has been written and the documents have been prepared, you should decide on the method of submitting the document. Several delivery options are available to all citizens:

• hand over in person through the court office;
• send by registered mail;
• use the services of a courier service.

If the defendant has engaged a representative to protect his interests, then it is necessary to take care of the power of attorney. To confirm his authority, the document must be certified by a notary office.

Attention! A citizen can file an objection to a claim at any time, the main thing is to do this before the court makes a decision.

How to write an objection to a counterclaim

A counterclaim may appear at any stage of the trial until the end of the judicial debate, that is, until the moment when the court last gives the parties the opportunity to make motions.

Once the counterclaim is served on the court, the trial will be adjourned. The court will decide whether to accept the claim or refuse to accept it. If the claim is accepted, a copy of the counterclaim will be served on the defendant. Accordingly, the defendant will be given time to familiarize himself with the claim. During this time, the defendant can write a response or objection to the claims.

If writing objections is not part of the defendant’s plans, then he can declare his attitude to the claim orally. In this case, the oral objection will be entered into the minutes of the court hearing.

If the defendant decides to draw up written objections, then they will need to be drawn up according to the rules for drawing up a response to a statement of claim.

Objections may refute the claims either in whole or in part. In addition, objections can be divided into:

• material, that is, relating to the essence of the claim, the price of the claim, etc.;
• procedural, that is, concerning the compliance of the claim with procedural norms in terms of compliance with deadlines, the amount of state duty paid, the legal capacity of the plaintiff, etc.

Objections can combine material and procedural grounds, but if procedural grounds dominate, then they should be limited. The fact is that procedural violations are an absolute basis for the court to refuse to accept a claim or withdraw the claim from consideration. As for material grounds, their validity is determined by the court during the trial.

What is a claim?

Sending a response to the accused to the judicial structures is carried out at the place of trial of the original case.

Having considered the objection provided, the court may accept it for proceedings or refuse to accept it, issuing a resolution justifying the refusal.

Grounds for filing a counterclaim

The basis for sending a counter objection may be any offense committed against the accused. Sending a counterclaim is a defense for the accused, as well as an opportunity to defend one’s claims.

How to submit

A reply objection can be sent:

1. Before the opening of the court session
2. During its preparation
3. During the court hearing.

Note : A counter-objection must be submitted before the court leaves for a conference to determine the verdict on the trial. The initial and counter demands will be examined jointly at the court hearing.

It must be borne in mind that the general jurisdiction procedure does not apply to counterclaims. This option determines the jurisdiction relevant to the original case. The objection must be sent to the place where the claim from the claimant was sent. At the same time, the judge will announce a verdict on both claims.

( Video : “How to file a counterclaim”)

How to correctly write a counterclaim in accordance with the Civil Procedure Code?

Most citizens are not familiar with the rules for drawing up a counterclaim, when it can be sent, what is the amount of the state duty, etc.

To professionally organize the procedure for submitting a response claim, it is better to invite a specialist. When the interests of the defendant are represented in court by a professional, the chances of winning increase significantly.

And the first step for future victory is the competent preparation of a counterclaim. There is no standard template for an objection to a claim, but when drawing it up you must follow the established rules.

The text of the claim must be presented concisely and as informatively as possible. To avoid making mistakes, it is better to go to the Internet (attached at the bottom of the article) and make your claims based on it.

Based on the requirements of the Code of Civil Procedure of the Russian Federation, the counterclaim must show the following:

• Name of the judicial structure
• Information about the plaintiff and the accused
• Details of the trial (number of open proceedings, circumstances of its opening)
• Links to legislative norms ensuring the execution of a response claim
• Counterclaims
• Date of registration, personal signature of the accused
• An application displaying a list of attached documents.

The response must be supported by receipts, certificates, witness information and materials certifying the position of the defendant.

article Sample of an administrative statement of claim to challenge decisions.

Rules for filing a counterclaim

An objection to a claim does not differ from the form of a regular claim:

On the right side of the sheet, at the top, information about the court is entered (name of the court without displaying the full name of the judge).

Next, the details of the accused and the claimant are displayed. It must be remembered that in the response to the claim the status of the accused and the claimant does not change, so the applicant must be listed as the defendant.

Then the amounts of claims are displayed for property requests. The amount of the state duty depends on the size of the claim.

The rules for filling out a counter-petition are regulated by Article 131 of the ERC, which requires the inclusion of the following information:

1. Name of the structure to which the objection is sent
2. Information about the collector, his address and contact details
3. Information about the accused. If the application is signed by a third party, the details of the power of attorney must be displayed.
4. Information about the illegal actions of the accused and his claims
5. The evidence base relied upon by the counterclaimant. A detailed statement of the circumstances on the basis of which the objections are raised.
6. The amount of the claim, calculation of the amounts protested (for example, in a dispute about the division of valuables acquired during marriage).
7. List of documents attached to the claim.

The following list of documents must be attached to the response claim:

• Photocopy of the statement of claim (the number of copies is equal to the number of participants in the case)
• Receipt for transfer of state duty
• Documents confirming the claims of the accused
• Calculation of the financial amount disputed by the accused.

Requirements

According to Art. 411 of the Code of Civil Procedure of the Russian Federation, it is prohibited to formalize mutual offset of claims, provided that the statute of limitations has expired for them, if they relate to:

1. To claim maintenance for the rest of your life
2. To compensate for damage caused to health
3. To claims for alimony.

At the end of the trial, the judge determines the verdict on two claims at once. The court decision may be a compromise, since it cannot be made simultaneously in favor of the claimant and the accused. This would be a contradiction of the counterclaim.

article Statement of claim to the arbitration court - the procedure for filing in 2021.

State duty

However, as with all existing rules, there are exceptions to this situation (for example, labor conflicts). In this option, legal costs are borne by the institution, regardless of the initial or response request.

Moreover, if the employee loses the case, he will have to fork out and pay legal costs.

The amount of the state duty is affected by:

1. Region where the counterclaim is sent
2. Material amount of claims
3. Judicial structure to which the petition is sent
4. The nature of the legal proceedings being examined (against which claim the counterclaim is being sent, as well as the number of court hearings to resolve the conflict situation).

The listed conditions affect the amount of state duty when sending a response claim. The minimum amount of state duty is 300 rubles. This contribution is mandatory, without which the court will not accept the claim.

Before transferring the state duty, you need to find out the details of the court for its transfer. To do this you can do the following:

• Go to the website of the judicial structure where the objection is supposed to be sent to establish the details
• Contact the court office directly, where the counterclaim will be sent
• Perform calculations yourself, or with the help of a responsible court employee
• After paying the fee, receive a receipt and attach it to the claim.

What to do if the bank filed a claim in court for credit debt?

The bank has every right to file a claim in court after the formation of a sufficiently large debt under the loan agreement. When it is filed, you will receive a registered letter, after which you will be officially notified of this claim.

These registered letters are sent with return receipt requested, meaning the postmark on the envelope will be the exact date indicating exactly when you were notified. However, it is still worth receiving the letter as soon as you have the opportunity.

This is important to know: Appealing against unlawful actions of bodies and officials

HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Fill out the feedback form. Describe your question in as much detail as possible in simple words. For a written response, please include your return email address.

Within a day, the lawyer will respond to you by email explaining the situation and recommendations on what to do next. In the final recommendations, the lawyer will tell you what documents need to be drawn up and their recipients.

After receiving a list of required documents from our lawyer, go to our free legal document archive and find the one you need. Insert personal data, postal details, recipient's address and send to its destination.

When should the document be submitted?

As already mentioned, it is necessary to provide a written objection before the announcement of the court decision. There are no other time restrictions for the exercise of this right.

In this case, the applicant should file an objection taking into account the time required for familiarization by the participants in the process. Therefore, if it was provided on the day the decision was announced, when the parties had already expressed their positions, the judge may refuse to accept it.

And in such a situation, the court’s decision will be made on the basis of previously provided evidence.

Review concept

The Code of Civil Procedure of the Russian Federation and the CAS of the Russian Federation do not talk about revocation, indicating at the same time that the defendant files objections to the court. The Arbitration Procedure Code of the Russian Federation says that a response is an objection to a claim for each argument. In this regard, we can recognize these concepts as identical.

A written opinion on the claim, handed over to the court and opponents before the consideration of the case, from the point of view of tactics of proof, is not entirely the right move, since the plaintiff sees all the trump cards of the defendant. Revealing your cards directly in a trial is much more profitable, since it will be more difficult for the enemy to parry blows.

However, there are situations when participation in the process is inconvenient or economically disadvantageous for the party to whom the application is submitted. For example, due to the significant distance of the defendant’s location from the courthouse. Then a written review will be a real salvation, since it fully allows you to participate in the process “in absentia”. Moreover, it must be taken into account by the judge when making a decision on the case.

Sample objection regarding claims for collection of loan debt

In the Kirovsky District Court of Samara Address: 443035, Samara, pr.

Kirova, 100 From the Defendant: FULL NAME1 Represented by the representative - lawyer of NO AB "Antonov and Partners" Antonov A.P., reg. No. 63/2099 in the register of lawyers of the Samara region Address for correspondence: 443080,

Samara, Karl Marx Avenue, 192, office. 619, tel. 8-987-928-31-80 Plaintiff: BANK Objections to the claims In the Kirovsky District Court of Samara there is a civil case on the claim of the BANK against FULL NAME1 for the collection of debt under a loan agreement.

On June 28, 2014, a loan agreement No. 13285589 was concluded between the BANK and FULL NAME1. Under the terms of the agreement, the bank provided the defendant with a loan in the amount of 386,000 rubles, with a planned repayment period of 47 months. The defendant does not agree with the amount of the stated claims, considers them illegal, unreasonably inflated, violating rights and legitimate interests on the following grounds.

In 2015, the defendant found herself in a difficult financial situation, so loan payments were not made for a long time.

The defendant made delays not intentionally, but due to a difficult financial situation, due to the loss of work for a long time, as well as the illness of his father, a disabled person of group 2, whose treatment required large financial resources. According to Art. 200 of the Civil Code of the Russian Federation for obligations for which the deadline for fulfillment is not defined or is determined by the moment of demand, the limitation period begins to run from the day the creditor presents a demand for fulfillment of the obligation, and if the debtor is given a period for fulfilling such a requirement, the calculation of the limitation period begins at the end of the period provided to fulfill such a requirement. Within the meaning of paragraph 1 of Article 200 of the Civil Code of the Russian Federation, the limitation period for a claim arising from a violation by one party of the contract of the condition of payment for goods (work, services) in parts begins in relation to each individual part.

Example of a counterclaim

What objections should be raised in the appeal?

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

First of all, it is necessary to check whether the other party to the proceedings complies with the law regarding the filing of a counter-petition. Then you can prepare your own objections:

• expressing disagreement is allowed regarding the substantive side of the matter, including respect for rights or financial liability;
• if the claim exceeds the amount of debt or the amount of damage that affected the amount of the claims, you must report this, citing your calculations;
• you may not agree with all the requirements or only with some of them (it is important to make a clear distinction in the document);
• Often the objection is of a procedural nature, when the applicant proves that there are no grounds for initiating a case;
• found violations on the part of the plaintiff regarding this request, state them in an objection, asking to refuse the claim.

Whatever claims are made, it is important to formalize them correctly. When writing an objection, it is necessary to take into account the specifics of the presentation of information and evidence.