A permissive counterclaim is a claim that is filed by a defendant that is unrelated to the matter on which the plaintiff's suit is based. For example, if you are being sued by someone who is claiming that they were injured as a direct result of your actions, you may file a permissive counterclaim that claims that the plaintiff in the case owes you money. The court will then rule on both claims. A permissive counterclaim should not be confused with a counterclaim. A counterclaim is a claim by a defendant that opposes the claim of the plaintiff, and also seeks some relief from the plaintiff on behalf of the defendant. The bases for a counterclaim must have relevance to the original claim filed by the plaintiff.