How to File a Counterclaim in Small Claims Court

If you are being sued in a small claims case, you have the right in every state to file a counterclaim against the plaintiff. A counterclaim allows the judge to decide claims both parties have against each other at one time.

Difficulty:

Easy

Instructions

Things You'll Need

• Copy of the original claim against you with a case number

File a Counterclaim Against a Small Claims Suit

1. Check your state's laws regarding a counterclaim. You can usually find this information on the court's Web site or at the county clerk's office. Some states require that a defendant respond to or answer a claim, at which time they may file a counterclaim. In other states, a defendant merely follows the exact same procedure for filing a regular claim.

2. Hire an attorney to help you prepare your counterclaim. In some states, you may have a lawyer represent you in court, but even if you go to small claims court alone, an attorney can help create your defense and bring a countersuit. If you need to find an attorney in your area, visit the FindLaw Web site (see Resources below).

3. File the proper form for a counterclaim. In many states, you will receive a form that must be returned to the court along with your notice to appear. On this form, you may state your response and choose to file a claim against the plaintiff. Other states require you to fill out a separate Defendant's Claim form or a Counterclaim form. Copies of these forms are found at your local small claims office.

4. Watch your timeline for the case. You must file the counterclaim within a certain number of days of being served or before the hearing. If you need more time to prepare your case, you can often ask for a new court date when you file your counterclaim.

5. Visit the Nolo Web site for general advice on small claims court (see Resources below). Don't just stick to the articles on counterclaims; read a few of the general court articles as well. You'll have a great advantage in court if you prepare yourself.

Tips & Warnings

• The counterclaim must be related to the same incident as the original claim.

• Counterclaims are often filed in order to provoke a settlement or to reduce the amount of the original claim.

• If the counterclaim is more than the state's legal limit for small claims, then it must be made in another court. Most states move the entire trial to a higher court.