Reasons that stand up in small claims court to countersue

[Frosty14]

WA- We are in the process suing a subcontractor for breach of contract in small claims court. (faulty workmanship) Now they are threatening to counter sue because they believe it is a false claim? Assumming the judge either sides with us or has no decision, does thier countersuit stand any chance at winning? What are valid reasons to counter sue that stand up in court?

[latigo]

This jerk is bluffing!

A defendant in a civil action CANNOT “counter sue” the plaintiff on the sole grounds that the evidence and applicable law doesn’t support the plaintiff’s claim. (Or as the sub has indicated, your claim against him is FALSE).

That begs the entire question. And it’s question for the court to decide.

If that is all the boob proposes to tell the court - that your claim is false - the court will treat it as a denial of your claim and proceed with the trial. Substance and not form control.

A counterclaim is a separate cause of action brought against the plaintiff in the same lawsuit in which the defendant/counterclaimant seeks positive relief from the court. Generally arising out of the same set of circumstances described in the plaintiff’s pleading.

But a responsive pleading that simply alleges that the plaintiff’s claims is legally untenable (for whatever reason) is NOT a counterclaim.

[A counterclaim can be made on the basis that the plaintiff’s cause of action has been brought maliciously and thus is alleged to constitute an abuse of process. But that is an area of substantive and procedural law not presented here.]

Talk is cheap so let the guy squawk all he wants. Just make sure that you have competent, strong evidence to prove your case against him.

A cardinal rule followed by good trial lawyers is that they rely on the strength of their client’s case. Never on the weakness of the opponents case.

Another rule is preparation, preparation, preparation, etceteras ……

I’ve seen hundreds of lawsuits over tried, but never one over prepared. And that applies at every level – small claims to appellate cases.

Sax

[tranquility]

I love latigo, but:

A defendant in a civil action CANNOT “counter sue” the plaintiff on the sole grounds that the evidence and applicable law doesn’t support the plaintiff’s claim.

Sure they can. That is pretty much the definition of malicious prosecution.

While I like the rest, this is a very unfortunate phraseation. (Is that a word?)

[latigo]

tran:

Read the small print!

“A counterclaim can be made on the basis that the plaintiff’s cause of action has been brought maliciously and thus is alleged to constitute an abuse of process.”

[jhlwstdnt]

Looking at this with my architect/contractor hat on, I'm with Tranquility. The sub in this case could be stating a fact. I glanced at the Washington Construction Law Manual and did not find a "faulty workmanship" cause of action.

I know what the OP infers, but I see many Owner's and general contractors abuse their superiority over subs, many times to avoid payments. There really aren't enough facts here to claim that the sub cannot counter sue for malicious prosecution.