Atlanta, GA asked in Contracts, Personal Injury, Real Estate Law and Landlord - Tenant for Georgia

Q: What do you call a matter where the Plaintiff’s claims are actually the defendants claims but Plaintiff filed first.

Landlord/Tenant issue

2 Lawyer Answers
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Landlord Tenant Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.

Check the rules or consult an attorney.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It sounds like a counterclaim situation. Without knowing more about the matter, it's difficult to say with certainty why they did that, possibly to act preemptively or to try to take control of the course of the litigation. Good luck

Tim Akpinar

1 user found this answer helpful

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