Legal Definitions - Permissive counterclaim

A permissive counterclaim is a legal claim that a defendant (the person being sued) makes against the plaintiff (the person who filed the lawsuit).

The key characteristic of a permissive counterclaim is that it does not arise from the same event, transaction, or set of facts as the plaintiff's original lawsuit. Because it's unrelated, the defendant is not obligated to bring this claim in the current lawsuit. They have the option to include it in the ongoing case, or they can choose to pursue it as a completely separate lawsuit at a later time. If the defendant decides not to raise it in the current case, they do not lose their right to sue on that claim independently in the future.

Here are some examples to illustrate this concept:

• Scenario: Car Repair vs. Landscaping

  Imagine a mechanic sues a customer for an unpaid bill for car repairs. The customer, in turn, has a separate grievance against the mechanic, who also runs a landscaping business on the side, for poorly performed landscaping work at their home several months prior. The customer's claim about the landscaping is a permissive counterclaim because it has nothing to do with the car repair bill. The customer can choose to bring up the landscaping issue in the same lawsuit as the car repair bill, or they can decide to sue the mechanic separately for the landscaping problems later on. They won't lose their right to sue over the landscaping if they don't bring it up in the car repair case.

• Scenario: Software Licensing vs. Office Supplies

  Consider a situation where Company A sues Company B for breaching a software licensing agreement. Company B, however, has an outstanding claim against Company A for an unpaid invoice for office supplies that Company A purchased from Company B last year, under a completely different contract. Company B's claim for the unpaid office supplies is a permissive counterclaim. It is unrelated to the software licensing dispute. Company B can choose to include this claim in the current lawsuit about the software, or it can file a separate lawsuit against Company A later to collect the money for the office supplies. Its right to collect on the office supplies debt is not lost if it doesn't raise it in the software case.

• Scenario: Property Damage vs. Defamation

  Suppose a homeowner sues their neighbor for property damage caused by a tree falling from the neighbor's yard during a storm. The neighbor, meanwhile, believes the homeowner spread false and damaging rumors about them at a recent community meeting. The neighbor's potential claim for defamation against the homeowner is a permissive counterclaim. It is entirely separate from the property damage caused by the tree. The neighbor has the option to raise the defamation claim within the property damage lawsuit, or they can choose to file a completely separate lawsuit for defamation at another time. Their right to sue for defamation is preserved regardless of whether they bring it up in the property damage case.