How to do it right and get what you deserve.
If someone tries to sue you in a small claims court, it is crucial that you evaluate if you ought to file a counterclaim against them. What you sue for in your counterclaim can offset the original amount the plaintiff is suing you for. A counterclaim can relate to the same dilemma of the case or a separate matter. However, if you are suing for a different matter you do not have to file a counterclaim.
Filing a counterclaim can be important in a case, especially when your argument relates to the same matter that the plaintiff is suing you for. If you don’t file a counterclaim in this situation you could lose your right to sue the plaintiff about that matter in the future. Your counterclaim must be below $10,000. Everything above that will be given up. The judge can give you the amount you ask for or less. You cannot get more than what you ask for.
Ordinarily, you must file the counterclaim about 21 days after you receive your summons to court. This time frame can change depending on your location. If you don’t have enough time to file the complaint before the period ends, you may file a motion with the court and ask for some extra time. You can obtain a counterclaim form from your state’s standardized counterclaim form. There will be a fee for the form, but the price will vary depending on the court. After carefully filling out your counterclaim give your form to the clerk of courts.
If you feel that you need to file a counterclaim, do it. Make sure you fill it out correctly and include as many specific details and facts as you can. As mentioned previously, it is imperative that you turn the form into the correct location and within the time frame given to you.
For help with any matter related to small claims, Ace Small Claims is here to help. Take a look at our website to see what we can do for you.