Counterclaims

If you have received a notice of claim, that is, a notice that you are being sued, you must appear in court at the time and place indicated. If you wish, you may file a counterclaim against the person suing you.

A counterclaim is a claim filed by the defendant against the claimant. The counterclaim must be for money only. The amount of the counterclaim cannot be for more than $5,000.00. Any counterclaim for more than $5,000.00 must be brought in the Civil Part of the court or in a different court.

The defendant may file a counterclaim within five days after receiving the notice of claim from the court and must pay a fee, plus the cost of mailing the counterclaim to the claimant. Click on Locations to find out where to go in your county. Click on Court Fees to learn the cost of a counterclaim. The court will notify the claimant. If the claimant receives notice of a counterclaim before the date of the hearing, he or she must be prepared to present his or her claim and defend against the counterclaim on the day of the hearing.

The defendant may also file a counterclaim on the day of the hearing. This is done when the calendar is called. The defendant should answer when the case is called and say the word "application." If the defendant files a counterclaim on the day of the hearing and the claimant is not prepared to defend against the counterclaim, the judge may postpone the hearing until another day.