Montana Code 25-4-602. Judgment for excess when plaintiff admits counterclaim
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25-4-602. Judgment for excess when plaintiff admits counterclaim. In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff’s claim but sets up a counterclaim amounting to less than the plaintiff’s claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.
Terms Used In Montana Code 25-4-602
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.