Recognition of Claim & Counterclaim B2B – Counterclaim, Statement of Claim and Evidence | Word/PDF/Excel

Set-off and Counterclaim in B2B – Counterclaim, Prayer for Relief, and Evidence is a professional package for Swedish companies that are already defendants in a civil case and want to investigate whether an independent set-off action can be brought against the plaintiff. You get editable Word templates, searchable PDF versions, and an Excel register with nine tabs.

Important: A set-off action is an independent claim. The package is not an automatic notice of set-off, not a court form, and not a completed legal decision. Use requires that a genuine debt or other material claim exists and that the correct procedural requirements are met.

What is a set-off action?

In an ongoing civil case, the defendant may, pursuant to Chapter 14, Section 3 of the Swedish Code of Judicial Procedure, bring an independent claim against the plaintiff regarding the same matter, a matter with a relevant connection, or a claim that can be set off against the plaintiff's claim. The rules on joinder of claims in Chapter 14, Section 7 require, among other things, the correct court and form of proceedings. Claims brought late may in some situations be handled separately.

Complete File List

Document	Function	Format
01. Set-off action – draft summons	Independent counterclaim, grounds, parties, and connection to the main case.	Word + PDF
02. Counterclaim specification	Amount, partial payments, set-off, and separate interest/cost items.	Word + PDF
03. Grounds and statement of facts	Factual circumstances, agreements, and the opposing party's known objections.	Word + PDF
04. Evidence list	List of exhibits, evidence, and evidentiary basis for the counterclaim.	Word + PDF
05. Procedural preliminary check	Jurisdiction, form of proceedings, connection, timing, and any fees.	Word + PDF
06. Swedish user guide	Step-by-step workflow and source and procedural checks.	Word + PDF
07. English User Guide	English explanation of the Swedish-law templates and limitations.	Word + PDF
08. Procedural register	Excel with nine tabs, status options, and verifiable administrative totals.	Excel

Excel register with nine tabs

Dashboard, Case, Counterclaims, Main Claim, Evidence, Events, Check, Costs, and Read Me. There are status options and space for up to 150 entries per register. The dashboard counts registered entries and the arithmetic difference between the controlled entered amount and the verified payment.

Legal limitation: Excel does not determine whether a debt is valid, whether set-off is permitted, whether the form of proceedings and forum are correct, which procedural costs can be recovered, or whether the set-off action can be brought. The formulas do not calculate interest or court deadlines.

How to use the template package

1. Review the summons, statement of defense, and all relevant court orders in the ongoing main case.
2. Investigate whether you have your own material counterclaim and whether you need an independent claim that can be adjudicated in the court judgment.
3. Check the connection pursuant to Chapter 14, Section 3, and the requirements in Chapter 14, Section 7, especially jurisdiction, the same form of proceedings, and when the claim is brought.
4. Draft the independent claim and state concrete legal facts, any partial payments, and separate interest and cost claims.
5. Compile the evidence with the corresponding evidentiary basis; submit the correct exhibits.
6. Review any fees, authority to sign on behalf of the company, power of attorney, and the court's instructions.
7. Submit the document to the competent court according to the applicable procedure. Save the actual submission confirmation.

The difference between a set-off action and a set-off defense

According to the Supreme Court's ruling Ö 5166-17, a defendant may bring a set-off action regarding a counterclaim. A pure set-off defense, however, is not an independent claim and normally does not result in its own judgment of a surplus beyond the main claim. A set-off declaration already made before the proceedings may need to be treated in a third way. Choose the correct procedural measure based on the factual circumstances.

Legal sources and reservations

Chapter 14, Sections 3 and 7 of the Swedish Code of Judicial Procedure regulate set-off actions and joinder of claims. An independent set-off action must also be assessed against the relevant requirements for a claim, grounds, and evidence pursuant to Chapter 42, Sections 1–2, and the court's instructions. See also Swedish Courts – common questions about civil cases and set-off actions. The package is not intended for cases involving non-disclosure agreements, criminal cases, or special labor law proceedings without separate legal adaptation.

FAQ – common questions

What is a set-off action?

An independent claim brought by the defendant against the plaintiff in connection with an ongoing civil case, when the statutory requirements for joinder of claims are met.

Are a set-off action and a set-off defense the same thing?

No. A set-off defense is usually a defense against the main claim. A set-off action involves an independent claim that may require independent adjudication.

Can I bring a set-off action in any case?

No. Among other things, the connection between the claims, the court's jurisdiction, the form of proceedings, and the timing matter pursuant to Chapter 14, Sections 3 and 7 of the Swedish Code of Judicial Procedure.

Do I have to provide evidence for the counterclaim?

Yes, draft the claim, factual grounds, and evidence list so that it clearly appears what the counterclaim concerns and what each piece of evidence is intended to prove.

Can I recover more than the main claim?

This may be a reason to consider an independent claim instead of only a set-off defense. The actual result depends on substantive law and the court's adjudication.

Does Excel automatically submit the set-off action?

No. Excel is an internal case and calculation aid. No documents are submitted to the court via the package.

Related document templates

See Business Agreements – Templates for related agreements and procedural documents. This package complements, but does not replace, the templates for statements of defense and summons applications, as well as the separate product for set-off agreements.

Version, document format, and quality control

Version v1.0 · Reviewed November 1, 2026 · Jurisdiction Sweden · Digital delivery (ZIP). AI-assisted legal source checking has been performed against the text of the law and case law. No independent external legal review, court adjudication, or guarantee of success is claimed.