[WSBARP] Need some Basic Info on Counter-Claims

Andrew Hay andrewhay at washingtonlaw.net
Mon Jul 15 16:45:05 PDT 2024


Hi Dave

I would say no need to change the caption.  Counterclaims are common and don't change the posture of the case very much.  When people start adding third-party defendants or cross-claims among defendants, then yes you can make some caption changes.  But no need in your case.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: Monday, July 15, 2024 4:25 PM
To: solo-and-small-practice-section at list.wsba.org; creditor-debtor-section at list.wsba.org; wsbapt at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Cc: Business Law Section <business-law-section at list.wsba.org>
Subject: [WSBARP] Need some Basic Info on Counter-Claims

Hello, Listmates.
I'm having to prepare a response to a counterclaim for the first time, and hanging up on the small nagging question of how to do the caption. Scenario: my client sued to collect some money, the other party answered and made some counter allegations that my client had caused some damage to his property and demanded relief for that. The answer simply used my original complaint's caption of "Upstanding Citizen v. Reprobate". But since I am answering now as a counter-claim defendant to the counter-claim plaintiff, I believe that should now be reflected in the caption. Am I wrong? And if I'm right, does anybody have a case or a model I can go look at for how to put it on the page in my caption on the Answering to the Counterclaim pleading?
Thanks in advance.

Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>


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