How to File a Counterclaim in Small Claims Court


1. What Is a Small Claim Counterclaim?

A small claim counterclaim is a legal response filed by the defendant in a small claims case. It asserts that the plaintiff owes the defendant money or compensation, often for related disputes.

  • Purpose: To allow the defendant to seek redress within the same case rather than filing a separate lawsuit.
  • Common Scenarios:
    • The defendant believes the plaintiff caused damages.
    • Disputes arise from a shared contract or transaction.

2. When Should You File a Counterclaim?

  • Shared Issues: If the dispute stems from the same incident or agreement the plaintiff is suing over.
  • Monetary Losses: If you incurred financial losses directly related to the plaintiff’s actions.
  • Damages or Liability: If the plaintiff is partly or fully responsible for damages.

3. Filing a Counterclaim in Small Claims Court

Step 1: Determine Eligibility

  • Jurisdiction: File your counterclaim in the same small claims court where the original case is being heard.
  • Monetary Limits: Ensure the amount you seek does not exceed the court’s claim limit (e.g., $10,000 in California, £10,000 in the UK).

Step 2: Complete the Counterclaim Form

  • Some courts provide a dedicated counterclaim form, such as SC-120 (Defendant’s Claim and Order to Go to Small Claims Court) in California.
  • Include:
    • Your details and the plaintiff’s information.
    • The amount and reason for your counterclaim.
    • Supporting evidence like receipts, contracts, or photos.

Step 3: File the Counterclaim

  • Submit the completed form to the court clerk.
  • Pay any required filing fees (typically lower than the plaintiff’s initial filing fee).

Step 4: Serve the Plaintiff

  • Notify the plaintiff of your counterclaim by serving them with a copy of the filed counterclaim.
  • Service methods include certified mail, a process server, or the sheriff’s office.

4. Responding to a Counterclaim

For Plaintiffs:

  • Review the counterclaim to understand the defendant’s arguments and amount sought.
  • Prepare a response by gathering evidence to refute the counterclaim.

For Both Parties:

  • Prepare for trial by organizing documents, witness statements, and any other evidence related to both the initial claim and counterclaim.

5. Hearing the Counterclaim

  • Combined Hearing: The court will hear the initial claim and counterclaim in the same trial.
  • Present Your Case: Both parties will have the opportunity to present their arguments and evidence.
  • Judge’s Decision: The judge may issue rulings on the original claim and the counterclaim, determining liability and awarding damages if applicable.

6. Costs and Filing Fees

Counterclaim AmountFiling Fee
Up to $1,500$30–$50
$1,501 to $5,000$50–$75
$5,001 to $10,000$75–$200

Check your local court for exact fees and eligibility for fee waivers.


7. Tips for Filing a Counterclaim Successfully

  1. Understand the Claim: Ensure your counterclaim directly relates to the original case.
  2. Gather Evidence: Collect documents, photos, contracts, and correspondence to support your counterclaim.
  3. Be Timely: File your counterclaim within the court’s deadlines, often set before the trial date.
  4. Seek Mediation: Some courts offer mediation services to resolve disputes before trial.

8. Frequently Asked Questions

Q1: Can I file a counterclaim if the plaintiff’s claim is invalid?
Yes, you can file a counterclaim if you have a legitimate dispute, even if you believe the plaintiff’s claim is baseless.

Q2: What happens if the counterclaim exceeds the court’s monetary limit?
You may need to waive the amount above the limit or file your case in a higher court.

Q3: Can the court dismiss both the claim and counterclaim?
Yes, if the judge finds insufficient evidence for both cases, the court may dismiss them.


9. Conclusion

Filing a counterclaim in small claims court allows defendants to assert their rights and seek redress in the same case. By following the court’s procedures, presenting strong evidence, and understanding the legal process, you can effectively navigate your counterclaim and achieve a fair outcome.


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