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Answered in 3 hours by:
1/19/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
1. Please elaborate how you believe you were being "cheated" and upon what basis?
2. Was there a signed contract between the two companies?
3. What Province are you in? What Province is the other company in?
Regards
1. Please elaborate how you believe you were being "cheated" and upon what basis?
2. Was there a signed contract between the two companies?
3. What Province are you in? What Province is the other company in?
Regards
Hello,
A counterclaim is, just that, a claim in reply to the claim asserted by the Plaintiff. So the other company is suing you 'claiming' that you owe them $XXX. Instead of just replying and stating that you 'don't owe them $XXX, you will counterclaim saying, in effect, that "no, you don't owe them $XXX and, in fact, they owe you $XXX".
So, because you're stating that they still owe you money, you should counterclaim that amount and claim the amount you've held off paying them as "set-off" for the total amount owed you.
You would reply and counterclaim (so that's the area you would want to complete).
With respect to the documents, you would include them all (and be sure to label each document "Defense Exhibit #1, #2, etc." and reference each by that name (describing them and their significance) throughout your statement. (Basically walk the court through your documentation and rationale).
Warmest regards,
A counterclaim is, just that, a claim in reply to the claim asserted by the Plaintiff. So the other company is suing you 'claiming' that you owe them $XXX. Instead of just replying and stating that you 'don't owe them $XXX, you will counterclaim saying, in effect, that "no, you don't owe them $XXX and, in fact, they owe you $XXX".
So, because you're stating that they still owe you money, you should counterclaim that amount and claim the amount you've held off paying them as "set-off" for the total amount owed you.
You would reply and counterclaim (so that's the area you would want to complete).
With respect to the documents, you would include them all (and be sure to label each document "Defense Exhibit #1, #2, etc." and reference each by that name (describing them and their significance) throughout your statement. (Basically walk the court through your documentation and rationale).
Warmest regards,
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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