In small claims court, counterclaims can request no more than $10,000. How do I determine the exact amount of my counterclaim? For more information, click to visit Justice Court Rules and read Rule 13 of the Justice Court Rules of Civil Procedure. If your counterclaim does not relate to the same thing as plaintiff’s claim (in other words, your claim does not arise out of the same transaction or occurrence), you can assert your claim as a counterclaim, or you can bring a separate lawsuit against the plaintiff. (JCRCP 13 & 88.) Generally speaking, if your counterclaim relates to the same thing as the plaintiff’s claim (or in legal speak, your claim “arises out of the transaction or occurrence” that is the subject of plaintiff’s claim) then you must assert your counterclaim in the case. Your counterclaim might be related to the same thing that the plaintiff is suing you for, or it might relate to something different. If you believe the plaintiff owes you money – and that you would be able to sue the plaintiff for that money regardless of plaintiff’s lawsuit against you – that is a “counterclaim.”ĭoes my counterclaim need to relate to the same thing that the plaintiff is suing me for? In a small claims case, you will have the opportunity to raise all of your defenses at the small claims hearing. Having a “counterclaim” is different than having a “defense.” If you believe the plaintiff’s claim against you should be denied for some reason, that is a “defense.” It is your legal and factual argument about why the plaintiff is not entitled to the money plaintiff is seeking. Is a “counterclaim” the same thing as a “defense”? The small claims video series was made possible thanks to a grant from the State Bar of Nevada's Lawyer Referral and Information Service. To watch the entire small claims video series, click to visit our Videos page. Remember that different small claims courts have different procedures, so make sure you're complying with your court's requirements. A counterclaim allows you (now called the “counterclaimant”) to have your claim decided along with the claim the plaintiff (now called the “counterdefendant”) brought against you.īelow is a short video: Filing A Counterclaim. If you are being sued in small claims court, you can file a “counterclaim” (a claim against the person who is suing you) if you believe that the plaintiff owes you money. Find out how you can sue the person who is suing you in small claims court if you believe that person owes you money, including how to analyze, prepare, and file a Small Claims Counterclaim.
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