Counterclaim


The counterclaim, also known as a counterclaim, is the defendant's legal claim, in the same judicial process, at the time of answering the claim for which it has been the subject. In addition to requesting acquittal, the defendant introduces new petitions to the court against the other party (the plaintiff). The defendant becomes, in turn, the plaintiff and the plaintiff in the defendant. The effect of the counterclaim is that both parties sue each other. There will be two processes that will conclude with a single sentence. The counterclaim will be deduced in the same writing of the answer of the demand, it is not possible to do it later. The counterclaim is inadmissible in the summary process in Argentina.

The counterclaim is contemplated in the law, for reasons of procedural economy, to avoid a multiplicity of judgments. On the other hand, this will avoid the pronouncement of contradictory judgments regarding related claims.

In summary, the accumulation of claims against the plaintiff is what is known as counterclaim. Requirements Process

A transfer will be given to the actor, who must respond within fifteen days. Within the first ten may make exceptions of previous and special pronouncement. The answer to the counterclaim should be limited to the issues included in it and therefore can not refute the statements made in the response to the claim. Bibliography

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