How to File a Counter Suit in Small Claims Court in North Carolina
A defendant in small claims court, as in other courts, may have a claim against the party who first brought suit. For instance, a landlord seeks eviction and past-due rent while the tenant sues the landlord for not providing livable conditions. A vehicle repair person wants payment on a past-due bill, while the owner claims the repair person damaged the vehicle. North Carolina offers defendants the option to file a counter suit, or counterclaim, avoid an up-front filing fee.
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Instructions
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Prepare a document caption. Go to the North Carolina General Assembly home page (see Resources). Click on the “General Statutes” link under shortcuts. Type “7A-232” in the Look-Up search form, which has “enter chapter #.” Scroll down to “Form 4” in the statute and use the caption shown as a guide. Replace “Complaint” with “Counterclaim.” Include the file number, which is listed at the top of the complaint you received.
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Sign the counterclaim. State the essential facts to show why you should recover from the plaintiff. If you claim fraud, specify what the plaintiff said, why the statement is false, when and where the plaintiff made the statement and how the false statement harmed you. Identify what relief you want from the court. At the bottom, explain how you delivered the counterclaim, whether by mail or in person, provide the plaintiff's address and give the delivery date.
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Take the original document and two copies to the Clerk of Court’s office where the plaintiff filed the lawsuit. Get a file-stamp showing the date and time on your original and copies. Deliver one copy to the plaintiff before the court date, which is listed on the "Magistrate Summons" you received with the complaint. Keep the other copy for your records.
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Tips & Warnings
North Carolina law does not require you to file a counterclaim in small claims court, even if the plaintiff has already sued you. Since a party may appeal a small claims decision to District Court, you might wait until you get to District Court to file your counterclaim.
The North Carolina court system does not publish a form for filing counterclaims in small claims court.
You cannot file a counterclaim if you seek more than $5,000 from the plaintiff. You must file a separate lawsuit in the District Court Division, or Superior Court Division if your claim exceeds $10,000.
North Carolina law imposes time limits, or statutes of limitations, on when you can file a particular type of lawsuit. Discuss with an attorney whether you need to act before you are sued.
References
Resources
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