Hi, all
Looking for a bit of guidance, and or opinion on a matter. Need it quickly, will be moving forward within next 2-4 days.
The context is that I have been involved in correspondence with an attorney representing a collections agency asking for a judgement on a debt. We have gone back and forth since around April of this year past year, 2016. This case is in Utah, on a credit card account.
At this point they have asked for a Summary Judgment, I opposed it; in turn, I have filed for dismissal, it went back and forth, it left off with me filing a Reply Memorandum in Support of Motion to Dismiss. The time according to procedure has run out, meaning: their time to file an objection to my Reply has lapsed. The judge in the matter has set a date for a Hearing now, which is Jan 11, 2017.
After learning more than I ever wanted to know about this type of case over the past months, I now realize that I have a case for a Counterclaim, under Rule 13 - Counterclaim maturing or acquired after pleading. Today is Jan 3, I want to file this counter claim before the Hearing. I believe it will deter the Plaintiff from further action and prompt a mutual Dismissal, as well, I do have a Counterclaim, for 2-3 reasons; 1 being the Complaint was made after Statute of limitations and hence Complaint is Time Barred.
Here is my question? At this point in the process, according to Rule 13 https://www.utcourts.gov/resources/rules/urcp/urcp013.html, am I still allowed to file a counterclaim? My reading suggest that I am allowed. Info that I have now as a result of correspondence with Plaintiff, as well as a better understanding of law regarding this case has lead me to the conclusion that I have grounds for a Counterclaim. Rule 13 (d) suggests that I can still file a Counter, as long as it is before the Hearing.
What are your thoughts please