Can I countersue for lost wages in a small claims case?

Asked over 1 year ago - Jamul, CA

Being sued for a contract entered into.

Attorney answers (4)

  1. Michael Ryan Juarez

    Contributor Level 16


    Lawyers agree

    Answered . You need to counter sue. That can be done in your answer to the complaint. Make sure to bring evidence to support your claim.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  2. Adrienne Patricia Allen

    Contributor Level 15


    Lawyers agree

    Answered . Yes you can counter sue for lost wages as long as they are less than$10,000. You would file the cross-complaint with your answer. If it's more than $10,000 you should consult with an attorney. Make sure you file it in a timely fashion. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. Michelle A. Perfili

    Contributor Level 13


    Lawyer agrees

    Answered . I agree with counsel Gold but if the lost wages arise from the same "nucleus of facts" of the main action and fall within the jurisdictional limit of the court, you should bring your claims in front of the court. If you are not sure, consult briefly with counsel who may not appear but can assist you in preparation of your case. Good luck.

  4. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . If the lost wages are the wages for attending the hearing than no.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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