Court Fight

Countersuit is not a defense to MSJ.

The first problem is that a counter suit is not a defense. Their argument is that you owe money and that is really the only question before the court. You might win it in a few courts but what will you get out of it if you do win? I've seen counter suit awards run anywhere from $1 to as much as $100 plus costs. I think a better strategy is to file an entirely separate suit rather than a counter suit. Judges often dismiss the counter suit with little or no consideration.

Meanwhile you are probably letting your defense go to pot thinking how sweet the revenge will be. If that happens you will be making a huge mistake because the judge may view your counter suit as nothing more than a ploy to escape paying what you owe.

I think you need to be much more attentive to your defense than to your counter suit as an offense. Nothing wrong with a good offense but it needs to be launched well before they file for judgment.

There are many things you need to do in order to hope to defend successfully. One of the most important is a good affirmative defense filed at the same time you file your answers followed up immediately with interrogatories, admissions and demand for production of documents. The only real hope to win is to present a good affirmative defense.