Counter-suits and Counterclaims

Counter-suits and Counterclaims

How to Fight Back

When sued, Answer With Your Counterclaims

...or you will lose them! That is right. Under Colorado law, you must submit your counter-claims, (also sometimes incorrectly referred to as filing a counter-suit), along with any defenses you have, at the beginning of the case, in a document known as the "Answer". Any counterclaim you have but fail to raise in the suit will be forever lost, as you will not be allowed to file a separate or new suit based on that claim. This is called claim preclusion, and the doctrine exists in order to force litigants to get all the claims relating to a situation out on the table for the judge to decide all at once. This makes the justice system more efficient since judges and juries need not rehash the same set of facts over and over again in several different cases over the years. They can deal with virtually all of the claims that arise under a set of facts all at once. It also lets the judge and jury address the matter more fully, since the existence of counterclaims can often influence the overall thinking and disposition of the judge and jury. In cases tried by business lawyers in Denver, our firm asks clients to inform us of all facts which could give rise to counterclaims. Then we determine which counterclaims are important and which either muddy the water, detract from the main defense, or are destined to fail. These we may well abandon. We then file all relevant and important counter claims with our answer and affirmative defenses. This is often referred to by folks as counter-suing, although such a phrase is incorrect. Technically, these are counter claims. If you are facing a complaint or have been served with a lawsuit, call a Denver business lawyer at The Vasilco Law Group, P.C. today. Do not wait. We want to speak with you, and the first call is free.