Suing Someone Who Sues You Back: Crossclaims vs. Counterclaims Explained

If someone sues you, you may be able to sue them back through a counterclaim. In lawsuits involving multiple parties, you may also have the option to bring a crossclaim against someone on your own side of the case. These legal claims serve different purposes, but both can shape the outcome of a lawsuit and affect everything from settlement negotiations to who ultimately pays damages.

Many people are surprised to learn how quickly a straightforward lawsuit can become more complex. Knowing the difference between counterclaims and crossclaims can help you understand what to expect and why having the right legal strategy matters from the beginning.

If you’re involved in a civil lawsuit or thinking about filing one, find a civil litigation attorney through the Super Lawyers directory for advice about your legal options.

What Is a Counterclaim?

A counterclaim is a legal claim brought against a plaintiff in a civil lawsuit. The defendant files their counterclaim as part of their response to the plaintiff’s lawsuit filing.

Both parties’ claims are a part of the same lawsuit. Like the plaintiff, the defendant can seek money damages, declaratory relief, injunctions, or other remedies. While the defendant would defend themselves against the plaintiff’s claims, they take a different role when seeking relief for their own claims.

An example of a counterclaim would be a homeowner suing a contractor for incorrect or defective work. The contractor would file a counterclaim against the homeowner for unpaid invoices. A tenant could sue a landlord for an unreturned security deposit. The landlord would file a counterclaim for property damage or unpaid rent.

Get the Top Civil Litigators for Your Case

If you are in a legal dispute, you need proven, effective representation. Find the top civil litigators in your area by using the Super Lawyers directory.

Find a lawyer today

What Is a Crossclaim?

A crossclaim is a claim one party brings against a co-party, such as one defendant suing another defendant, or one plaintiff suing another plaintiff, in the same lawsuit. One of the parties files a claim against another party who is “on the same side” as them. Crossclaims are most common when there are multiple parties on the same side of a case, such as multiple defendants or multiple plaintiffs.

An example of a crossclaim would be a lawsuit stemming from a multi-vehicle accident. The plaintiff files a lawsuit against multiple defendants. A crossclaim is when one defendant files a claim against the other defendants. For example, if a homeowner sues two contractors, Contractor A could file a crossclaim against Contractor B, such as a claim that Contractor B is responsible for the defective work.

What’s the Difference Between a Counterclaim and a Crossclaim?

The difference between a counterclaim and a crossclaim has to do with who is filing the claim and who it is against. Counterclaims are against an opposing party; crossclaims are against a co-party.

It’s common to have counterclaims in two-party or multi-party lawsuits. Crossclaims typically arise when there are multiple parties on one side of a lawsuit, such as multiple defendants, or multiple plaintiffs.

Compulsory vs. Permissive Counterclaims

Not every counterclaim is treated the same. Under Federal Rule of Civil Procedure (FRCP) Rule 13, some claims must be brought during the current lawsuit, while others can wait.

Compulsory counterclaims are claims that arise out of the same transaction or occurrence as the plaintiff’s lawsuit. In many cases, if you don’t raise a compulsory counterclaim in your response, you may lose the opportunity to pursue it later. FRCP Rule 13 is designed to encourage courts to resolve closely related disputes in a single case instead of requiring multiple lawsuits.

Other claims are considered permissive counterclaims. These don’t arise from the same events and generally don’t have to be included in the current lawsuit. Depending on the circumstances, they may be filed separately at another time.

While many states have rules similar to the FRCP, they aren’t always identical. An attorney can explain which rules apply in your case.

Can Someone Sue You Back If You File First?

Filing a claim doesn’t block or prevent the other party from filing their own claim against you.  If you are the plaintiff filing a lawsuit, the defending party could file a counterclaim against you.

However, counterclaims can’t be used as retaliation simply because you filed a lawsuit. There needs to be a legitimate legal basis for the claim. The court encourages the parties to file counterclaims if they have one to resolve all related disputes in a single proceeding. This reduces the need for separate trials that would increase the load on the court system.

Should You Worry About Being Countersued Before Filing?

Whether or not a countersuit is likely will depend entirely on the specific facts of your situation. Some plaintiffs may find it highly likely, while for others, it could be a non-issue. The fear of being countersued alone shouldn’t stop someone with a valid claim from pursuing their civil litigation claim.

Speaking with a lawyer can help plaintiffs determine the likelihood of a countersuit. An experienced lawyer will evaluate the strength of the plaintiff’s claims, potential defenses, and whether the other party has any viable counterclaims.

Why Crossclaims Can Matter in Multi-Party Cases

Figuring out who is liable when there are multiple parties can be challenging. Crossclaims make it possible for defendants to file claims against their fellow defendants. This is a way to shift legal liability between defendants.

Depending on the circumstances, a third-party claim can bring another person or business into the case.

Speak with an Attorney

Whether you’re considering filing a lawsuit or responding to one, it’s important to understand that legal disputes often involve more than a single claim. An attorney can help you assess your options, anticipate potential risks, and determine the best path forward based on the facts of your situation.

Use the Super Lawyers directory to find an experienced civil litigation attorney who can help protect your rights.