How to Countersue If Sued in Small Claims Court

How to File a Counterclaim

• 1). File a counter-claim petition with the court clerk. Obtain the correct petition to present your counterclaim. The name of the petition is different in every state. The defendant must file the petition in the same court as the plaintiff's claim. Like the original claim filed by the plaintiff, the defendant must state the facts that give rise to the cause of action and the damages or remedy it seeks. If it is a compulsory claim and the defendant fails to raise the claim, it is lost forever. The defendant must file the counterclaim with the clerk within the time specified by the state.
  
  
• 2). Pay the filing fee or obtain a fee waiver form. The cost of filing the petition will vary according to jurisdiction. The court clerk will waive the fee for qualified defendants. The standard for determining whether an applicant qualifies varies by state.
  
  
• 3). Serve the plaintiff. The plaintiff must receive notice of the countersuit. Every state has different rules regarding service of process. Service of process is the delivery of the legal documents to the opposing party. A few ways service of process can occur include personal service (a disinterested party over age 18 delivers the documents), certified mail, sheriff delivery or substituted service when unable to locate the party (leaving a copy at the opposing party's home or workplace).
  
  
• 4). Obtain a court date. After service is complete, the court clerk will set a court date for the hearing.
  
  
• 5). Attend the hearing. The judge will address the original claim and the counterclaim in the same hearing. If the counterclaim and the original claim concern unrelated facts, the judge may decide to address the cases separately.