How to File a Countersuit Against a Plaintiff in Small Claims

Being sued can be stressful and choosing how to respond to a lawsuit depends on the facts of your case, but if you believe you have a claim (countersuit or counterclaim) against someone suing you (the plaintiff), you can file a counterclaim against that person in small claims court.

Instructions

1. 

   The county court in your district may provide pre-formatted legal forms.

   Ask the county clerk of your district if counterclaim forms are provided to defendants of small claims suits. If so, obtain the forms, follow instructions and fill out as indicated. If not, write a concise statement describing your side of the story and explaining why you believe the plaintiff owes you.

2. File your countersuit in the same county court you're being sued along with your answer to the initial lawsuit. Each county has specific rules, procedures and time limits for filing countersuits; check with the clerk of your district for specifics.

3. Give the person suing you a copy of your counterclaim. In most jurisdictions, you're allowed to send this notice through normal mail service. Ask your county clerk if another method of service is required. If so, follow the provided instructions.

4. Appear at trial for the judge's ruling. If you and the person suing you aren't able to settle differences prior to trial, a judge decides the final outcome of the case.

Tips & Warnings

• To support your counterclaim, include relevant facts and dates.

• If the person suing you is represented by an attorney, send all documents you file in court to her attorney.

• If the counterclaim exceeds jurisdictional limits, your case may be transferred to civil court.

• There may be a fee for filing a counterclaim in your district. Check with the county clerk.