If our business is being wrongfully sued, can we counter sue to get back our time and legal fees?

UPDATED: Oct 1, 2022

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If our business is being wrongfully sued, can we counter sue to get back our time and legal fees?

A lady went crazy on our staff and then sued us saying she wants money from us for services she didn’t get. She did get the services and we can prove that she even got one more session than paid for. It has cost us a couple thousand so far and all the lawyer costs are not in. This doesn’t even take into account that it’s taken hours and hours working on this to prove that we did fulfill our end of the bargain. We go to court this week and expect the judge to through it out.

Asked on June 10, 2019 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can try to countersue for "frivolous litigation" (your state might use a slightly different name for it), which is a suit based on the other side bringing a lawsuit that has NO validity whatsoever to it. But be advised that this suit almost never works--if there is even the faintest support for the legal action (e.g. the woman thought honestly, even if completely incorrectly, that she was owed money or services), the court will deny your claim. Courts do this because the law believes that to allow someone to be penalized for bringing a suit, except in the most extreme and egregious of cases, will deter people from trying to enforce their legal rights.


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