How to Make a Counterclaim to a Lawsuit

The court clerk can help you find the appropriate forms for your counterclaim.

Filing a counterclaim to a lawsuit is just like filing a regular lawsuit in court. The main difference when filing a counterclaim is that you must file a counterclaim at the same time the original lawsuit is being filed against you in court. You must also file your counterclaim before the hearing date of the original lawsuit, or the judge will deny you the option of ever filing a counterclaim against the plaintiff in this particular lawsuit.

Things You'll Need

• Three copies of complaint form
• Notary public
• Certified mail receipt
• Evidence and witnesses
• Court hearing

Instructions

1. 

   Submit your complaint at the same court where you submitted your answer.

   Visit the small claims court where the case brought against you was originally filed, and request a complaint form. Include your name and contact information as well as the plaintiff's on the complaint form. State the reason you are filing the counterclaim, and write the amount of monetary compensation you are seeking from the plaintiff. Sign the completed complaint in the presence of a court clerk or another notary public, and request that the notary sign and notarize your complaint. Make two copies of the counterclaim and submit the original counterclaim to the court.

2. 

   You should only speak to the plaintiff's attorney, if he has one.

   Deliver by mail or in person a copy of the counterclaim you are filing against the plaintiff to the plaintiff or the plaintiff's attorney. Use first class or certified mail if sending the counterclaim, and obtain a receipt as proof of delivery for your records. Wait for a response from the plaintiff concerning your counterclaim. Begin collecting evidence to support your case and to refute any arguments the plaintiff may submit to you in his answer to your counterclaim.

3. 

   Witnesses can greatly help your case if they also have documented facts to submit.

   Collect evidence, such as contracts or agreements that you and the plaintiff originally agreed upon, photographic evidence, letters or emails sent between you and the plaintiff or any other document you can bring to court to prove why the judge should rule in favor of your counterclaim. Bring witnesses with you to the hearing, as written witness testimony may or may not be accepted in court.

4. 

   The judge can only rule based on the evidence that is presented in court.

   Attend the hearing as it was originally scheduled for the initial lawsuit. Bring all of your evidence and witnesses with you for your counterclaim, as you will most likely present your counterclaim at the initially scheduled hearing as well. When asked by the judge, present your counterclaim to the court. Submit all evidence and information you may have to the judge at this time. Allow the judge to deliberate over your evidence and the plaintiff's evidence, and wait for the judge's verdict.

Tips & Warnings

• When filing a counterclaim, though you may originally be the defendant in the initial case, you become the plaintiff in your counterclaim. Therefore, you must include the plaintiff's information in the defendant section of the complaint and any other legal forms you complete for the court.

• Always keep copies of documents you submit to the court for your own personal records.

• You cannot submit a counterclaim to a lawsuit until you file your answer to the original lawsuit. You can, however, submit your answer and counterclaim complaint to the court at the same time.

References

• Vermont Law Help: Counterclaims Instructions
• Cornell University Law School: Counterclaim
• Clark County Courts, Nevada: What to Do If You Have Been Sued
• New Jersey Courts: Small Claims FAQ