Counterclaims

Filing a Counterclaim

Defendants to civil proceedings must often make use of multiple defense strategies in order to be successful. They may raise any number of defenses. But they often go further: filing a counterclaim against the plaintiff to the lawsuit.

At my Texas law firm, my business litigation clients are predominantly from Austin and Central Texas, and occasionally from other states. They are often facing complex and difficult matters that can only be resolved with the assistance of an experienced lawyer. I often discuss the possibility of a counterclaim with them, whether they are considering bringing a lawsuit and must anticipate a counterclaim from the defendant or will be named as defendant in a lawsuit.

Businesses bringing lawsuits in Texas must beware of the possibility that the business or individual being sued will sue them back. When discussing whether or not to take legal action, we will talk about this possibility. How likely is it that the defendant will file a counterclaim? Are there legal strategies we should pursue to account for a possible counterclaim?

Defendants to lawsuits must also consider a counterclaim as a possible course of action. This is especially true given that counterclaims are either compulsory or permissive. While permissive counterclaims may be brought at any time, compulsory counterclaims must be brought right away in the current action. If they are not, the right to bring them is waived forever.

Bringing a counterclaim is often a smart tactic in business litigation, because it forces plaintiffs to divide their attention between bringing a claim and defending against one. The tactic often increases the possibility of settlement as the other party seeks to avoid possible charges such as fraud or contract breach.

Austin Business Attorney, John McDuff, Can Help

I take pride in finding the elusive answers to difficult legal questions and to resolving complex business litigation effectively. Call 512.457.1177 or contact me online to speak with me, Attorney John McDuff, about your legal concerns.