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Common Law and Counterclaims

PostPosted: Fri Oct 26, 2012 8:35 am
by Leeds
What is the situation regarding a counterclaim under Common Law?

Is it true that a counterclaim can not be made, and is not recognized, under Common Law?

Re: Common Law and Counterclaims

PostPosted: Fri Oct 26, 2012 11:40 am
by squark
I'm no expert but
If their claim causes you to spend a hundred quid on post, transport, advice, accomodation, whatever to defend it
Or if it someone claiming you are a Pedo and your neighbours find out and burn you out of house and home
Or even feel like they could find out and burn you out, cause you to fear
And their claim turns out to be totally without merit
I think you have every right to claim they caused you loss (money) or injury (reputation or psychological stress)
The court should(!) support any reasonable claim.

I don't believe the courts are that bad. I think they don't like us saying no to Statutes too easily as that is a loss of control, given that, we could easily descend into a wild west type society. So if its your complaint that a cop locked you up for not giving a name, then released you without charge 3 days later, I don't think you will get far (not that you shouldn't be paid for your time, but the courts won't give it up easily). But if its a collection agancy pestering you for months over a debt that really is not yours, then you got a claim and a system to collect it through.

Commercial lien seems to be a way to collect (or try) even without the support of the system.

Re: Common Law and Counterclaims

PostPosted: Fri Oct 26, 2012 3:09 pm
by musashi
Know this.
Every claim creates an automatic counter-claim. There is no such thing as no counter-claim but counter-claim dies if/or when a conviction is secured against you. Then there is appeal. A successful appeal revitalises counter-claim.

If a claim is made against you and it fails in court then your counter-claim is automatically successful and all there is to be done is to assess damages to be paid you. This is why the cops and the courts often try to get you to admit to some minor offence when they can't get a bigger one, or when they see their claim failing. If you accept the deal then you kill counter-claim. Counter-caim only works if you are found not guilty.

There are fixed rates (fixed by the judiciary) of compensation to cover these events.

In the common law there is only one remedy - damages, and they are mandatory.