Q: My elderly parent is being sued by a contractor in small claims court -
but the contractor didn't finish the job so we'd like to counter-sue - do we do that the same day as the court date that's been set?
A: The answer to your question depends on a number of facts that are not provided here. Depending on the procedural posture of the case, you may have to ask for leave from the court to answer. Is the contractor represented by an attorney? In any event, I would recommend organizing all documents related to this situation, and consulting with an attorney individually. A knowledgeable attorney will review the facts, and advise you as to the best course of action moving forward.
A: If the case filed against your parent is pending and no answer is due or has been filed yet, assuming the complaint is not fundamentally defective as a matter of law, your parent can file an answer and counterclaim together if within the time. If your parent is late with an answer or other pleading, you or your parent would request the court on the first hearing date for leave to file an answer and counterclaim which would routinely be granted. I would suggest that an attorney be consulted to review the pleadings filed by the plaintiff.
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