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Simple English definitions for legal terms
common counts
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A quick definition of common counts:
Common counts are claims for money that someone owes you, which are listed together in a lawsuit so that the person being sued cannot avoid paying by finding a technicality in one of the claims. These claims can include money owed for things like goods that were sold and delivered, work that was done, money that was loaned or paid and needs to be repaid, money that was received on your behalf, or money that is owed on an account that has been agreed upon or is open.
A more thorough explanation:
Definition: Common counts are claims for debt that are alleged in a lawsuit and included in the complaint. These claims are general and alleged together so that the defendant cannot avoid liability on a technicality on one of the counts. Common counts may include claims of debt for goods sold and delivered, for work performed, for money loaned or advanced, for money paid requiring repayment, for money received on behalf of the plaintiff, or for money due on an account stated or on an open book account.
- A company sues another company for $10,000 for goods sold and delivered.
- A person sues their former employer for $5,000 for work performed.
- A friend sues their friend for $1,000 for money loaned or advanced.
These examples illustrate common counts because they are all claims for debt alleged in a lawsuit. They are general and alleged together so that the defendant cannot avoid liability on a technicality on one of the counts. Each example also falls under one of the categories of common counts, such as goods sold and delivered or money loaned or advanced.