Small Claim Form Descriptions

Filing a Counterclaim to a Small Claim

A counterclaim is a statement by the defendant, not necessarily opposing the claim by the plaintiff but, alleging other facts to establish a claim by the defendant against the plaintiff.  The counterclaim made by the defendant may also demand money from the plaintiff. If this demand does not exceed $3,500, the case remains in the small claims division.  If it exceeds this amount, the case is transferred out of the small claims division. All counterclaims are filed at the time of filing the answer. If not, the defendant will have to pay a separate filing fee to file a counterclaim.

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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