Legal Question in Civil Litigation in New Mexico

I was involved in a small claim suit as the Plaintiff and I was awarded the judgement. Can the Defendant file a counter suit after the fact? Can the Defendant file a new suit?

Asked on 1/10/13, 12:51 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Counterclaim, no. New lawsuit the topic of which is unrelated to the suit you won, yes. New lawsuit related to the lawsuit you just won, no. The law provides only one bite at the apple.

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Answered on 1/10/13, 3:35 pm


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