If your business was sued, you must file and serve a response to the lawsuit within a limited period of time. Before filing your response, you and your attorney will explore the best defenses. Going on the offense may be the best defense in some cases, so you might decide to file a counterclaim.
Plaintiff, Defendant, and More.
Lawsuits start when one party (the plaintiff) files a complaint or petition against at least one other party (the defendant). Cases can have more than one plaintiff and more than one defendant. In the petition or complaint, the plaintiff alleges that the defendant harmed them somehow and makes a claim for damages. Some cases involve parties other than plaintiffs and defendants.
When minors or incompetent persons are involved, someone will represent their interest. A guardian or other fiduciary can take this role, but the court may also appoint a guardian ad litem or attorney ad litem.
Defendants might bring another party into the lawsuit. The new party usually is called a third-party defendant, and the defendant becomes the third-party plaintiff.
Finally, defendants may become counterclaimants by filing a counterclaim against the plaintiff, asking for some type of relief.
More Than One Way to File a Counterclaim
Counterclaims generally contain claims that the defendant could have made in a separate lawsuit. However, those claims become part of the current lawsuit since the plaintiff already started the process.
In Florida, there are several types of counterclaims:
- Compulsory. Claims in this type of counterclaim could cancel out the plaintiff’s claims if successful. But defendants that fail to file a counterclaim here cannot raise them in a different lawsuit.
- Permissive. Defendants may file a counterclaim that does not arise directly from the incident in the plaintiff’s lawsuit. This allows the parties to settle unrelated issues in the same lawsuit.
- Counterclaim maturing or acquired after pleading. Sometimes a defendant may not file a counterclaim immediately after being sued but learn of the claims later. With court approval, a defendant might be allowed to file a supplemental pleading.
- Omitted counterclaim or crossclaim. Courts might also allow a defendant to file a counterclaim for claims that he or she inadvertently overlooked.
- Crossclaim against co-party. Parties may file counterclaims against other parties in the case or parties that have not been added yet.
Other possible counterclaims can be used when warranted by the situation.
Are Counterclaims Available if Your Business Was Sued?
It’s not always necessary to file a counterclaim if your business was sued. However, this is something that you and your business attorney or general counsel will decide while planning how to defend against the lawsuit.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.