The legislator's silence in defining the nature of the counterclaim and the possibility of presenting it in proceeding of protest to default judgment has created two different and conflicting procedures in the courts. Since the protest to default judgment is a continuation of the first hearing in which the defendant was absent, in order to protect the principle of equality of litigants, it should be accepted that the plaintiff of protest to default judgment has all the rights of the defendant. Therefore, considering that in the current procedural law system, the manner and extent of the court intervention in the hearing of the protest to default judgment only implies the confirmation or annulation of the default judgment, sometimes and in some procedures, despite the defensive nature of the counterclaim, the defendant has the right to consider the pleading that he was deprived of filing that lawsuit.