Legal Question in Civil Litigation in Colorado
If a small claim suite is dropped by the defendant, can the plantiff continue with the counter-claim? if so why?
Asked on 12/14/09, 2:44 pm
1 Answer from Attorneys
Robert Murillo
Pivotal Legal Ltd.
You don't provide enough facts and your statement is not entirely clear. A suit can't be dropped by the defendant as the plaintiff is the one who files the suit. Counterclaims certainly can continue because they are separate claims. Often a suit can have literally dozens of claims and counterclaims. If one party voluntarily withdraws a claim that does not prevent the other claims from going forward.
You should contact an attorney and provide them enough facts to be able to advise you.
Answered on 12/22/09, 8:09 am
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