Can i counter sue

Co-authored by Clinton M. Support wikiHow and unlock all samples. Part 1. Learn the purpose of a counterclaim. A counterclaim is a claim against the party that originally instituted an action against you. If the claim that you have against the opposing party arises from the same event or action for which they are suing you, you must file a counterclaim.

You will otherwise waive your right to sue them in the future. For example, say someone with whom you were in a car accident decides to sue you. If you believe that the car accident was actually their fault, you must assert a counterclaim against them.

You cannot sue them at a later date. The Federal Rules of Civil Procedure govern counterclaims in federal court. If the lawsuit is in state court, the state rules of civil procedure for your state probably govern the proceedings. However, most states have adopted rules that are very similar to the federal rules. Understand when to file a counterclaim. Under the Federal Rules of Civil Procedure, you usually have 21 days from the day you receive your summons and complaint to file your answer.

These forms usually have space to introduce a counterclaim. You should file your counterclaim with the answer to complaint if possible. For instance, you can find instruction for the Southern District of New York Federal Court here and the form for the California state courts here.

Ensure you find out how much time you have to file in your state. Failing to file an answer or counterclaim on time may result in a default judgment hearing and potentially a default judgment against you. A lawyer is your best option for determining the validity of the counterclaims you wish to bring against the person suing you. File your counterclaim after you have answered the complaint only in situations where the counterclaim arises after the initial filing.

Your counterclaim against the opposing party may not arise or become apparent to you until after you have already answered the complaint. In this case, the court may permit you to file a supplemental pleading asserting a counterclaim that matured after serving an earlier pleading. Part 2. Look up the elements of the action that you wish to use. You should also consider talking to and hiring an attorney. Correctly filing your counterclaim is very important to your case, because the opposing side could attempt to get it thrown out of court.

Having an attorney write your counterclaim for you will insure that it appears in the correct format and contains all of the necessary elements. The opposing side can use statements you make in both your answer and counterclaim against you in ways you might not anticipate. Prepare a counterclaim form. Many states offer a standardized counterclaim form that you can use to file.

You can also search online for examples of counterclaims that others have previously filed. If you are not using a form, make sure you identify the party and what you allege that they did wrong. Put the facts of the occurrence in your counterclaim. Be as specific as possible. Usually, you will number the allegations you have against the opposing party and include your facts that way.

Sometimes you can obtainforms for your lawsuit from either the clerk of courtorlocal law libraries, but not always. Mariatou Veses Teacher. Can you sue for pain and suffering in small claims court? There is no one right answer. When valuing aclient's pain and suffering , a lawyer will typically sue forthree to five times the amount of the out-of-pocketdamages medical bills and loss of work.

Adjona Sitterli Teacher. Can I sue someone for saying false things about me? Slander is the same thing , except thedefamatorystatement was made in the form of spoken words, sounds,signlanguage, or gestures. You may be able to sue fordefamationif: False statements were made as if they weretrue. Thedefamation caused damages. Suleyman Rigaux Teacher. What happens in a civil lawsuit? Generally, the resultdesired bythe person filing the lawsuit is to be compensatedfordamages.

An alternative result is to have the court orderanotherperson to begin or stop some activity. Cibeles Heubusch Reviewer. Can you counter sue someone for what you think is a frivolous lawsuit? Right or wrong, the fact is that anyone can filea lawsuit against you. Merely because someone has sued you , however, does not mean the case hasmerit. Frivolous lawsuits are sometimes brought for animproperpurpose, such as to harass someone. Atiq Tollert Reviewer.

Can I counter sue for false accusations? Since you can only sue forfalseallegations under state law, you always have the optionof suing in state court. You may be able to sue infederal court if the person or business you're suing islocated in another state, or if you have a significant amountofdamages.

Cala Mcgrath Reviewer. Does small claims court affect credit score? A small claims judgment will affect your credit score because the major credit rating agenciescollect public information from federal and localgovernments,according to Experian. Since a small claims judgment can affect your ability to repay debt, it isfactored into yourFICO score. Christele Ciriza Reviewer. How long does small claims take? How long does it take for a smallclaims court case to be resolved?

From when you filewith theclerk, it takes about sixty days until your court date. You'll knowright away, since the date is on the paperwork. You canprobablyeven ask the clerk to aim at a date that works betterforyou. Ask A Question. Co-authors: 4. Updated On: 9th June, Views: Similar Asks. In small claims cases, just like other cases, you can ask for "punitive damages" damages intended to punish the counterdefendant rather than compensate you for actual loss or injury.

In some types of cases, you can ask for "statutory damages" damages specified by a statute or regulation. If you find a statute that applies to you, include a copy of the statute with your other evidence. You can talk to an attorney or do research at the law library to see whether a statutory damages provision applies to your case. Click to visit Lawyers and Legal Help. You can ask for damages for emotional pain and suffering but you must prove the damage.

You cannot split one large claim into two or more smaller claims in order to file in small claims court. How do I prepare my counterclaim? The Counterclaim Small Claims is the document that allows you to assert your claim against the counterdefendant. Which counterclaim form you will use depends on where your small claims case is pending. Your counterclaim should be typed and printed out or neatly handwritten. For more information about filling out forms and filing, click to visit Basics of Court Forms and Filing.

How do I file my counterclaim with the court? If you are filing in any of the Clark County justice courts other than the Las Vegas Justice Court, when you go to the court clerk to file your counterclaim, you will need:. If you are filing in the Las Vegas Justice Court, you must have a working e-mail address because that court electronically files all documents.

When you go to the court clerk to file your counterclaim, you will need:. It is very important that you check both your regular mail and your e-mail address often because court notices could be sent to you by either method.

Also check your "junk" e-mail folder in case your computer placed a court e-mail there mistakenly. For more information about electronic filing, click to visit the Las Vegas Justice Court website.