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Irwin Law
Irwin Law, Attorney
Category: Legal
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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if i start a claim against someone and they reply witha counterclaim

Resolved Question:

if i start a claim against someone and they reply witha counterclaim to my claim then i drop my claim what happens can they still pursue their counterclaim even though there now is no claim?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

Yes the Defendant can continue prosecuting a counterclaim as an independent lawsuit even after the Plaintiff has dismissed the original complaint.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.

Is this canadian law? If there is no claim how can there be a counterclaim this dosnt really make any sense.

Expert:  Irwin Law replied 1 year ago.

It does make sense because a counter claim is an claim that stands by itself. You have sued him, and now he is suing you. You can back away from your claim, but the law says that doesn't compel him to back away from his. So there is still a claim pending, only it is the Defendant- Counterclaimant and not the Plaintiff, who will now be called the Counter - Defendant. The Plaintiff dismissing his claim won't make a validly filed counter claim go away, and yes, that is Canadian law.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4853
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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