Definition

• A cross-complaint consists of a defendant suing one or more parties in an existing case to which you are a party to. To sue, you must file a new complaint, or document exactly the way the plaintiff did. The complaint identifies the parties involved, provides the legal claims and a section for judgment. The section for judgment, or prayer for relief, entails telling the court what you want the party you're suing to do -- if you win. For instance, if you want the party you're suing to pay for damaging your car, you'd include that in the complaint. Typically, the defendant files a cross-complaint against three different parties: the original plaintiff, a codefendant or a party not named in the lawsuit.
  
  

Events

• A cross-complaint pleading includes the same events that arose in the original lawsuit -- for instance, if you were involved in a car accident as you turned onto a street. The other driver, the plaintiff, may sue you because you hit his car when you didn't turn on your signal. You can file a cross-complaint against the mechanic for failing to repair the turn signal days before because the same facts are involved in your lawsuit. However, you couldn't file a cross-claim against the mechanic because he repaired your car's engine -- which had nothing to do with the original lawsuit.
  
  

Differences

• When suing a plaintiff or another party involved in the original lawsuit, you have two options: a cross-complaint or cross-claim. A cross-claim arises when numerous parties to a lawsuit align themselves with the plaintiff or defendant. For instance, in a multiple-vehicle traffic accident, each driver may have a dispute arising out of the original facts of the case. Thus, two plaintiffs may file a lawsuit against you. Instead of filing a cross-complaint against both plaintiffs, you file a cross-claim against the plaintiff you allege was at fault.
  
  

Warning

• An "answer" involves writing a legal response to the allegations in the original complaint. Generally, an answer consists of providing one of three answers: denied, admitted or insufficient knowledge to admit or deny. You also include the affirmative defenses you intend to use to prove your case. You, however, must file an answer to the original complaint or risk automatically losing the case -- even if you file a cross-complaint.