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How to write a counterclaim when the other party files a lawsuit

1. The first part is the title, indicating the name of the document "Counterclaim".

2. Text 1. Basic information about the parties First write down the basic information about the counterclaimant. After "Counterclaimant", use parentheses to indicate the litigation status of the counterclaimant in this lawsuit. Next, write down the basic information of the counterclaimant, and also use parentheses to indicate the litigation status of the counterclaimant in this lawsuit. When filling in the basic information of the parties, attention should be paid to: (1) If the party is a natural person, state his or her name, gender, age, ethnicity, occupation or work unit, position, and residence. If the domicile is inconsistent with the place of habitual residence, write the place of habitual residence; if the party is a legal person, state the name and domicile of the legal person, and write the legal representative and his name and position on a separate line; the party is an organization or founder that does not meet the qualifications of a legal person. If there is a partnership between individuals with a trade name, state their name or trade name and domicile, and write in a separate line the main person in charge and their name and position; if the party is an individual industrial and commercial household, state the name, gender, age, ethnicity, and domicile of the owner. ; If there is a font size, please indicate "Owner of - (font size)" in parentheses after the name. (2) If there is a legal agent or a designated agent, his or her name, gender, occupation or work unit and position, and residence should be listed, and his or her relationship with the party concerned should be included after the name. (3) If there is an entrusted agent, the name, gender, occupation or work unit and position, and residence should be listed. If the entrusted agent is a lawyer, only his name, work unit, and position should be stated. 2. The counterclaim request states the specific amount and method of requesting to offset, exclude or annex the subject matter of the lawsuit. For example, "Please order the counterclaimant (i.e., the plaintiff in this lawsuit) to repay the 600 yuan in rent owed to the counterclaimant in accordance with the law to offset the corresponding amount of the debt owed by the counterclaimant." 3. Facts and reasons This is the most important and critical part of the counterclaim, and it is also the core of the entire counterclaim. In this part, the correctness of the counterclaim and the legality of offsetting, excluding and annexing the other party's claims should be fully explained from the factual and legal perspectives. Therefore, how well this part is written has a great bearing on the success or failure of the counterclaim. The facts and reasons raised in the counterclaim must be based on the same legal relationship or legal facts. If the claims and reasons asserted by the counterclaimant in the counterclaim have no legal relationship or legal fact with the original lawsuit, the counterclaim cannot be established. It is generally appropriate to state the facts of a counterclaim in itemized terms. The most common way of writing is to state the facts first and then write the reasons; or to combine narratives and arguments to clarify the reasons. To learn more about legal knowledge, please go to the website for professional consultation.