VA Civil Suit Can I Amend an Answer to a Complaint
Posted 06 February 2013 - 12:18 AM
Posted 06 February 2013 - 12:23 AM
Posted 06 February 2013 - 12:51 AM
Posted 06 February 2013 - 06:29 AM
Might help if you provide details about the lawsuit. Who's suing you and why? How much? What's your counterclaim about?
Might get you some helpful comments that way.
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Posted 06 February 2013 - 09:00 AM
Posted 06 February 2013 - 11:12 AM
Posted 06 February 2013 - 11:31 AM
You don't say what kind of case it is that you believe you're entitled to legal fees just because you're being sued (you said your attorney didn't "... countersue or ask for legal fees to be awarded..."). The law doesn't work that way. And if this is a breach of contract action and your contract calls for winning party being in a position to seek legal fees if each argues the other breached, it wouldn't make any sense whatsoever for your attorney not to be countersuing if you asked him/her to countersue.
Sounds like you're in over your head, and you need a lawyer. This isn't a good DIY project, unless in small claims.
Posted 07 February 2013 - 09:06 AM
I'd love to know what the "answer" said if it raised no defense.
The poster didn't say the answer "raised no defense." He/she said that the answer did not include any "affirmative defense." An answer to a complaint typically includes two components: (1) either a general denial of or specific responses to the plaintiff's allegations; and (2) affirmative defenses. An affirmative defense is an allegation that, even if every one of the plaintiff's allegations is true, the plaintiff still loses (e.g., statute of limitations). While it is typical for an answer to include both a general denial or specific responses and affirmative defenses, it is not absolutely necessary to allege affirmative defenses.
you believe you're entitled to legal fees just because you're being sued
Nothing in the original post suggests that the poster believes this, and it isn't relevant to the question asked where he/she is or isn't.
. . . it wouldn't make any sense whatsoever for your attorney not to be countersuing if you asked him/her to countersue.
Which is probably why the poster "no longer [has] a lawyer."
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