Counterclaim Drafting Under FRCP Rule 13
Counterclaim drafting services delivered with flat-fee pricing, two rounds of revisions, and licensed-attorney sign-off in your jurisdiction.
Counterclaim Types We Draft
Counterclaim drafting services produce the affirmative claim a defendant asserts against the plaintiff in the same lawsuit, raised either as a compulsory counterclaim under FRCP 13(a) or a permissive counterclaim under FRCP 13(b). A counterclaim must plead the elements of the cause of action, satisfy the same plausibility standard as a complaint, and comply with local-rule formatting. Legal Tank's counterclaim drafting services produce Rule-11-compliant counterclaims with attorney sign-off and clear analysis of whether the counterclaim is compulsory or permissive in your jurisdiction.
Counterclaim Drafting: Self-Filed vs. Big-Firm vs. Legal Tank
| Aspect | Compulsory (13(a)) | Permissive (13(b)) |
|---|---|---|
| Same transaction or occurrence | Yes | No |
| Waived if not asserted | Yes | No |
| Independent jurisdictional basis | Not required | Required |
| Scope of relief | Same case | Same case |
Counterclaim Components We Build Into Every Filing
Compulsory counterclaims
FRCP 13(a) counterclaims arising from the same transaction or occurrence as the plaintiff's claim.
Permissive counterclaims
FRCP 13(b) counterclaims unrelated to the plaintiff's claim but joined for efficiency.
Setoff counterclaims
Defensive counterclaims that offset the plaintiff's recovery without seeking affirmative relief.
Recoupment counterclaims
Common-law recoupment claims arising from the same transaction as the plaintiff's claim.
Cross-claims against co-defendants
FRCP 13(g) cross-claims between co-parties on the same side of the v.
Third-party counterclaim
Counterclaims combined with third-party complaints under FRCP 14.
How Our Counterclaim Drafting Works
Same-transaction analysis
We analyze whether your counterclaim is compulsory or permissive in your jurisdiction.
Element-by-element pleading
Each cause of action is pleaded element-by-element with plausible factual support.
Jurisdictional support
For permissive counterclaims, we confirm independent subject-matter jurisdiction.
Attorney sign-off
Licensed attorney reviews factual support and good-faith legal basis under Rule 11.
Filing-ready delivery
Counterclaim delivered with proposed answer-incorporating counterclaim and certificate of service.
Counterclaim Drafting Pricing by Complexity
Fast guided drafting with the structure of a professional document. Best for simple matters where you want a strong starting point.
Drafted by a vetted writer and reviewed by a licensed attorney in your jurisdiction before delivery.
Custom drafted from scratch by a licensed attorney with phone consultation and unlimited revisions until filed or signed.
Defensive Filings That Coordinate With a Counterclaim
Counterclaim Questions Defendants Bring to Us
What is an example of a counterclaim?
A common example of a counterclaim is a defendant in a breach-of-contract suit asserting that the plaintiff was actually the first to breach the contract by failing to deliver the goods or services as agreed. Another example is a defendant in a debt-collection suit counterclaiming that the plaintiff violated the Fair Debt Collection Practices Act in pursuing the debt. Both examples involve a counterclaim that arises from the same transaction as the plaintiff's claim and would be compulsory under FRCP 13(a).
How do you write your counterclaim?
To write a counterclaim, identify the cause of action you are asserting, plead the elements of that cause of action element-by-element with plausible factual support, identify whether the counterclaim is compulsory under FRCP 13(a) or permissive under FRCP 13(b), confirm subject-matter jurisdiction (compulsory counterclaims fall under supplemental jurisdiction; permissive counterclaims need an independent basis), plead damages, and sign the pleading consistent with Rule 11. Legal Tank's counterclaim drafters handle each step with attorney sign-off.
What are the four elements of a counterclaim?
The four core elements of a properly pleaded counterclaim are (1) a clear identification of the counterclaiming party and the party against whom the counterclaim is asserted; (2) a statement of subject-matter jurisdiction (compulsory counterclaims rely on supplemental jurisdiction; permissive counterclaims need an independent basis); (3) a complete factual narrative supporting each element of each cause of action; and (4) a prayer for the specific relief requested. Each element must satisfy the same plausibility standard as a complaint.
How to structure a counterclaim?
A counterclaim is structured the same way as a complaint: a caption identifying the parties and court; an introduction or preliminary statement; jurisdictional and venue allegations; factual allegations in numbered paragraphs; one or more counts, each pleading a cause of action element-by-element; a prayer for relief; and a signature block under Rule 11. Legal Tank drafts the counterclaim to integrate cleanly with the answer (the typical document is captioned 'Answer and Counterclaim').
File a Counterclaim That Survives a Motion to Strike
Get a flat-fee quote for counterclaim drafting with attorney sign-off. Most engagements are quoted within hours and delivered within 1-7 business days.