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Can I Counter-Sue the Plaintiff?

There are always at least two sides to the story, and very often when a plaintiff files a lawsuit, the person or business being sued also has a dispute or potential claim against the plaintiff. If your claim is related to the one in the lawsuit (for example, if you are being sued for breaching a contract you may also believe the plaintiff breached the same contract), then you must bring it is a counterclaim in the same action. 

This means that when your attorney files an answer to the plaintiff's complaint he or she will also lay out your counterclaim in the same document, which the plaintiff will have to answer in the time allowed under the rules. If your complaint is not related to the events raised in the original complaint, you may still want to assert the counterclaim in the same action, either for a strategic purpose or simply to put all of the issues on the table in the same proceeding. Our initial assessment of your defenses to the claim always includes an assessment of claims you may have against the plaintiff so that you can make an informed decision about whether to include them in the lawsuit.

Learn more here about what to expect as a defendant in a civil lawsuit.

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Can I Counter-Sue the Plaintiff?

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Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog