How do you file for a counterclaim in small claims court?

Question

No one will explain to us what papers to file or even how to file them. An attorney said if we had $2,000 dollars to throw away he would take the case. Unfortunatily, we don't. He also said file an amendment before time runs out. ???? Legalaide wasn't any help either. Any information would be greatly appreicated.

Answer 1

I assume you've been served with a complaint from a plaintiff suing you. I also assume that you know that you need to file an answer to that complaint. In your answer you have to admit or deny every statement that Plaintiff has written in their complaint... anything you don't deny is considered admitted which is then a fact for the case... if you're unsure whether something is true or not, you can say that you don't know. Also included in your answer should be your defenses or counterclaims. Rule 8a gives information about a counterclaim... here's a link to the federal rules of civil procedure, rule 8: http://www.law.cornell.edu/rules/frcp/Rule8.htm
[I don't know what state your in and I'm assuming that you're in state court, so the rule may be a bit different. You should look up the rule in your state.]
That rule requires to make a counterclaim in your answer you must include (1) a short and plain statement of the court's grounds for jurisdiction, (2) a short and plain statement of the claim showing that you're entitled to relief, and (3) a demand for judgment for the relief you want.

For the grounds for jurisdiction, if the claim is related to the Plaintiff's (if it came from the same incident), then the court already has jurisdiction.

For the statement of the claim, you need to give the facts of what happened and give the law you're suing under. I don't know the facts of your case, but if the plaintiff had promised to pay you for your couch but instead they took the couch and didn't pay, you'd say those facts and then say that contract law entitles you to a remedy when you performed your half of the contract and the other party did not. You don't have to be really fancy, especially in small claims court.

Then for your request for remedy, you just say what you want. Do you want the couch back or do you want the money? How much money? That sort of thing.


I see that the attorney told you to file an amendment. I'm assuming that means you have already filed an answer. That's ok. What you have to do is write up a form the same as the answer, but at the top it will say amendment to the answer. Then just write out your counterclaim. Then you take it to the court and file it.

I don't know how far along you are in your case, so you're probably going to have to ask the clerk of courts (where you file your amendment) about if you need to do anything special in order to file the counterclaim. You may need the plaintiff's or the court's permission before you'll be allowed to amend the answer. And if it's too far along (really close to trial) you might not be allowed to file the counterclaim at all. That's what the attorney meant by before time runs out.



The court system can be pretty intimidating to someone who is unfamiliar with it. Good luck.

Answer 2

Most Small Claims courts do not involve lawyers. Someone files a claim and both parties go to court and the judge makes a determination based on what is presented.