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

Jamul, CA |

Being sued for a contract entered into.

Attorney Answers 4


  1. 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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  2. 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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  3. 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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. 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.