20 February 2020

What do you do when you are sued by yout neighbor who has loaned you a sum of money, but who, in turn, owes you the value of 5 tons of wheat?

In this situation, we want to bring to your attention the notion of COUNTERCLAIM.

The COUNTERCLAIM is the procedural way by which the defendant makes his own claims against the complainant. The request doesn‘t represent a defense from the defendant, he also becoming a complainant by formulating the counterclaim, and his action will be treated as a genuine request for legal action, leading to an obligation on the party who brought him to the court.

As an example, if you, as a miller, owe the amount of 500 lei to your neighbor under a loan contract and he owes you the sum of 1200 lei, the equivalent of 5 tons of wheat that you offered to him in the previous autumn on the basis of the invoice R/2019 and he calls you to the because you refused to pay back his money, you can ask the court by the COUNTERCLAIM to force the neighbor to pay you the sum of 1200 lei under the invoice R/2019.

For more details about the COUNTERCLAIM and the legal requirements that it must meet, our team is at your disposal!