Rule 2058 Setoffs and Counterclaims

If someone is suing or being sued, and one of the parties is an incapacitated person (someone who cannot manage their own affairs), the other side still has the right to bring up any money owed to them or any related claims they have against that person.

Being incapacitated does not protect someone from having claims filed against them in the same lawsuit. The defendant can still fight back or raise their own claims, just as they would in any regular case.