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If you think that the plaintiff owes you money, or that another person (called a third party) owes the plaintiff the money, you may be able to make a claim against them. This is called a cross-claim.
A cross-claim must be filed within 28 days from the date you received the statement of claim.
If you only file a cross-claim without also filing a defence, the plaintiff can get a judgment against you. If you want to defend the plaintiff's claim, you must file a defence at the same time as the cross-claim.
It may not always be necessary to file a cross-claim when the plaintiff owes you money. If the court decides that the plaintiff owes you money, the amount the plaintiff owes will reduce any money that the court decides you owe to the plaintiff. This is called a 'set off'. However, without a cross claim the court cannot order the plaintiff to pay you any money.
Cross-claims can be complicated. If you want to make a cross-claim you should get legal advice.
Case study – Amber, Badar and Cai
Amber was involved in an accident with Badar and Cai. Amber (the plaintiff) issued a statement of claim against Badar (the defendant) saying Badar caused the accident. Badar filed a defence saying he was not at fault. He also filed a cross-claim against Cai saying that Cai caused the accident and should pay for the damage to both Amber and Badar's cars.