Counter Sue In Small Claims

[NeedHelp80]

What is the name of your state? ca

If i'm brought to Small claims court can i countersue the plaintiff for causing me to lose a day of work?

any advice is appreciated! thank you!

 

[HomeGuru]

What is the name of your state? ca

If i'm brought to Small claims court can i countersue the plaintiff for causing me to lose a day of work?

any advice is appreciated! thank you!

**A: what is the cause of action in the case?

 

[NeedHelp80]

I Am Being Sued Because The Plaintiff Is Saying That There Was An Oral Agreement To Pay For Her Plastic Surgery Bill From An Incident Involving A Dog. There Was No Oral Agreement, We Only Agreed To Pay For A Suture Bill And Nothing Else. This Incident Will Be 2 Years Old In December.
She Contacted Me Saying That She Spoke To Her Lawyer And He Told Her That She Would Win, So She Is Taking Me To Small Claims.

So Do I Have Cause To Countersue For Wasting My Lost Day Of Wages?

 

[Zigner]

...Do I Have Cause To Countersue For Wasting My Lost Day Of Wages?

Not if you lose. And quite possibly, not if you win.

 

[dcatz]

So Do I Have Cause To Countersue For Wasting My Lost Day Of Wages?

No. You couldn't recover that, even if you were the plaintiff and ended up being the prevailing party. Focus on preparing to defend against the claim.

 

[HomeGuru]

I Am Being Sued Because The Plaintiff Is Saying That There Was An Oral Agreement To Pay For Her Plastic Surgery Bill From An Incident Involving A Dog. There Was No Oral Agreement, We Only Agreed To Pay For A Suture Bill And Nothing Else. This Incident Will Be 2 Years Old In December.
She Contacted Me Saying That She Spoke To Her Lawyer And He Told Her That She Would Win, So She Is Taking Me To Small Claims.

So Do I Have Cause To Countersue For Wasting My Lost Day Of Wages?

**A: the answer is yes but you will not prevail.

 

[Zigner]

To elaborate a bit on my prior response. You only *MIGHT* be able to recover your lost wages if you could prove malicious prosecution. Your case (per the facts you presented) does not rise to that level.

 

[NeedHelp80]

Thank you everyone!

 

[dcatz]

But Zigner, even if the facts did warrant it, don’t you agree that there would have to be a disposition of the original action in favor of the OP and then a subsequent action? Also, you can’t pursue a malicious prosecution action in CA Small Claims – another reason that it couldn’t be done by way of a counter-claim.

 

[Zigner]

But Zigner, even if the facts did warrant it, don’t you agree that there would have to be a disposition of the original action in favor of the OP and then a subsequent action? Also, you can’t pursue a malicious prosecution action in CA Small Claims – another reason that it couldn’t be done by way of a counter-claim.

Makes sense to me.