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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116165
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in Maryland. I am wanting to due a counter suite

Customer Question

I live in Maryland. I am wanting to due a counter suite against a foreclosure case against me in MD. I sent a notice of intent to sue 60 days ago to their resident agent. I want to file now. My question is can I do a declaratory judgment case in the circuit
court even though they have an order to docket filed in Maryland. Can I still do a declaratory judgement case?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the case is already filed and on the docket, you have to file your counterclaim in the same court under the same case number. You could not file a new declaratory judgment action in the circuit court based on the same facts and issues, you need to file it with the circuit court under the current case number.
Customer: replied 1 year ago.
Thank you. Can my counter claim seek declaratory judgement or be a cause of action in my counter claim?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The countersuit can be for declaratory or monetary relief.