42.08 Statement Of Counterclaim
This form, the Statement Of Counterclaim (Form 42.08), is used within court proceedings in Ireland. It allows a defendant in a case to formally raise their own claim against the original claimant. You use it when you want to argue that the person suing you actually owes *you* money or has another valid grievance.
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42.08 Statement Of Counterclaim
This form, the Statement Of Counterclaim (Form 42.08), is used within court proceedings in Ireland. It allows a defendant in a case to formally raise their own claim against the original claimant. You use it when you want to argue that the person suing you actually owes *you* money or has another valid grievance.
Risk Radar
- Do not forget to reference the original case number on Form 42.08.
- Failing to state a clear monetary amount claimed.
- Missing the original case reference number.
- Submitting it too late after being served.
- Not clearly stating who the counterclaim is against.
Plain English
Think of this as 'fighting back' in court. If someone sues you, instead of just defending yourself, you can use this form to say, 'Yes, but *you* owe *me*!' It adds a second claim into the existing lawsuit.
Submission Date
- The specific deadline is set by the court hearing your case. Check the documentation served to you for the exact cut-off date.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use this form when you are being sued (you are the defendant).
- • You use it to formally state that the original person suing you owes *you* money or has another valid grievance against you.
- • It is used alongside, or in response to, a primary claim made by another party.
- • Do not use this if you just want to defend yourself without making a counter-claim. Use a standard Defence form instead.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| You are the Claimant and want to sue someone else | Not applicable (This is the Defendant's tool) | You need to file your own primary claim first | Check if you have already issued proceedings. |
| You just want to admit fault but say nothing else | Standard Defence Form | This form requires you to state a specific counter-claim. | Check if you are making a monetary/specific claim. |
| Your case is complex and involves multiple parties | Not confirmed in official source (Check court guidance) | The complexity might require adding additional forms alongside 42.08. | Check the Court's specific procedural rules. |
Deadline or filing window
The specific deadline is set by the court hearing your case. Check the documentation served to you for the exact cut-off date.
Before you submit
- • Fill in all sections completely; do not leave blanks where information is required.
- • Use clear, legible handwriting if printing, or ensure digital fields are fully populated.
- • Ensure the Case Number and Court details match the documents you received.
- • Sign and date the form where indicated.
- • Attach supporting documentation (e.g., invoices, contracts) as exhibits.
- • Check that the amount claimed in the counterclaim is clearly stated.
How to file this form
- 1Complete all fields on Form 42.08 accurately.
- 2Ensure you have signed and dated the document.
- 3Gather any evidence to support your counter-claim (e.g., invoices).
- 4File the completed form with the relevant Irish court office or via the online portal.
- 5Pay any required filing fees, if applicable.
- 6Keep a copy of the fully executed form for your own records.
Known limitations
- • This form only states the counterclaim; it does not automatically win you money.
- • The amount claimed must be clearly quantifiable (if monetary).
- • It must relate directly to the original claim being brought against you.
- • Not confirmed in official source: There may be specific limits on how many counterclaims can be lodged on one 42.08.
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This is the standard Form 42.08 used within Irish court proceedings. It remains a key document for raising secondary claims during litigation.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the current year printed on the form.
- • Confirm that the Courts Service of Ireland logo is present.
- • Check if there are any updates to the required declaration statements.
- • Ensure the designated filing location/court name matches your case.
- • Not confirmed in official source (Check for specific procedural amendments).
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
42.08 Statement Of Counterclaim
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After you file
- • Obtain a stamped copy or filing receipt from the court.
- • Update your case file with the filed Form 42.08.
- • Notify your solicitor (if you have one) that the counterclaim is officially lodged.
- • Track the next hearing date to ensure you are ready to argue it.
- • Keep records of any service confirmation sent by the other side.
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS)
- • Form Number: 42.08
- • Purpose: Statement Of Counterclaim
- • Use Case: Defendant raising a claim against the Claimant
Common confusion points
5 things to watch for
- 1
Mistaking this form for a simple 'Defence' statement—it requires a claim too.
- 2
Not knowing which court office or jurisdiction handles your specific case.
- 3
Forgetting to state *why* you are making the counterclaim (the basis).
- 4
Confusing the amount owed by you vs. the amount the original claimant claims against you.
- 5
Assuming filing it automatically means you win.
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