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.
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
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.
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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.