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Answer and Countersue. If a plaintiff sues for an injunction…

Answer and Countersue. If a...
Answer and Countersue. If a plaintiff sues for an injunction about building a fence, can the defendant answer, and countersue for for an injunction to get plaintiff to prevent leaves from a tree from blowing onto defendants property. So can a countersue by defendant in same case, be completely unrelated to the original plaintiff complaint.
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Answered in 3 hours by:
3/29/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
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Your Questions:

Answer and Countersue. If a plaintiff sues for an injunction about building a fence, can the defendant answer, and countersue for for an injunction to get plaintiff to prevent leaves from a tree from blowing onto defendants property.

Response 1: No, because the counterclaim does not relate to the primary case.

So can a countersue by defendant in same case, be completely unrelated to the original plaintiff complaint

Response 2: Unfortunately, no. Counterclaim must relate to the underlying/primary case.

I am sorry that I do not have better news for you.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

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Phillips Esq.
Phillips Esq., Attorney-at-Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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