After receiving the notice of acceptance of the case, together with having to submit to the Court written opinion on the the plaintiff’s claims, the defendant is entitled to file a counter claim against the plaintiff and send it before the opening of the meeting for checking the handover, access to, and disclosure of evidence and mediating. The counter claims will be sent along with the defendant’s opinion on the written comments of the plaintiff directly to the Judge responsible for resolving the case for consideration. To be considered a counter claim, the following basic requirements must be met:
As an independent claim related to the case resolution and is not the same as the lawsuit claims of the plaintiff, the persons with related rights and obligations with independent claims; and
A request in one of the three cases as specified in Article 200.2 of the Civil Proceedings Code 2015, specifically: (i) The counter claim is made to clear liability against the plaintiffs’ claims and/or persons with relevant rights and obligations with independent claims; (ii) the accepted counter claim may exclude the partial or full acceptance of the plaintiffs’ claims and/or persons with relevant rights and obligations who have made independent claims; (iii) there is an interrelation between the counter claim and the claim of the plaintiff or person with relevant rights and obligations, and if these claims are settled in the same case, the resolution of such claims shall be more accurate and quicker.
In addition, the persons with related rights and obligations also have the right to make independent claims. The independent petitions will be sent directly to the Judge who is responsible for resolving the case for his or her consideration. To be considered a claim or petition, the following requirements are required[2]:
- The resolution of the case is related to their rights and obligations;
- Their independent claims are related to the case being resolved; and
- Their independent claims are resolved in the same case, making the resolution of the cases more accurate and quicker.
The procedure for counter claims or for independent claims is not specified separately but is carried out as the procedure for initiating a lawsuit of the plaintiff in accordance with the Civil Proceedings Code 2015 [5]. When the plaintiff withdraws the entire lawsuit claim, but the defendant still maintains his or her counter claims, it will be interchangeable and the law calls this as a change of procedural status[6].
When a counter claim or independent claim is accepted by the Court, the defendant or the person with relevant rights and obligations must pay court fee advancein accordance with the Court notice, except for cases where they are exempted from, or do not have to pay the advance Court fee. In addition, the Court will consider the relationship between the defendant’s counter claims and plaintiff’s lawsuit claims and if it is possible to solve them in the same case, making the case resolution more accurate and quicker, it will be accepted and settled[8].
[2] Article 201 of the Civil Proceedings Code 2015.
[5] Article 202 of the Civil Proceedings Code 2015.
[6] Article 245 of the Civil Proceedings Code 2015.
[8] Article 200.2.(c) of the Civil Proceedings Code 2015
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