Legal Question in Civil Litigation in North Carolina

It depends. Your remedy generally is to appeal the trial court's ruling, but it may depend on whether the counterclaim was permissive or compulsory. It also depends on whether the counterclaim was dismissed with or without prejudice. If it was with prejudice, then you can't refile and you have to appeal; if it was without prejudice, then you can re-file. I would bring a separate lawsuit.

Since I don't know the facts, I can't be more specific. Why did your lawyer not file a timely answer? If that truly is the case, I would fire the lawyer and consider whether to file a malpractice complaint against him/her.