Should I file a counter claim against my contractor? (TX)

[Sylvia Santelli]

I need some perspective. 

I started work with a handywoman to renovate my apartment. I worked with her before on a small job that turned out fine, no issues. For the apartment renovation she had me sign a "contract". In the end she couldn't complete the job because it was outside of her abilities/ expertise even though she was given lots of extra time to solve it. Also, by the end it became clear she can't support her self in basic ways -- she was begging me for food.

SO -- I ended the contract. Now she is suing me in small claims court.

Yes, I have a lawyer. Yes, she thinks i have enough evidence to support the fact I don't owe more.

The question is: Should I file a counterclaim?

She is suing me for $7,500. According to my record and receipts, she owes me $10k for over payment and for supplies, which according to her contract, she was suppose to cover.

I always hear how these things can be emotionally exhausting, and also she has no money anyways -- she doesn't have money to eat. We were going to ask her to drop the case otherwise I'll file my countersuit. But should I file anyways?

This is in Texas.

[Marian Smith]

@Sylvia Santelli Normally you'd follow your lawyers advice, you are paying for it. Did you pay her 10k and she wants $7500 more or did you sign a contract for 10k and pay her $2500 and she wants the rest of the 10k. How much extra to file a counterclaim...because you will not see a dime. She could be trying to extort more money...seeing if you will pay her a few hundred to drop the lawsuit. If you feel charitable maybe you could "settle out of court" for a hundred bucks or so but she may be delusional and really believe you owe her 7k. Ask your lawyer if your lack of a countersuit implies anything to the court. If your documentation is good enough, that should be that. No need to try to get money from a pauper.