If you believe the party suing you owes you money you can countersue by filing a "Claim of Defendant". Both cases will be heard at the same time.

If your claim is for $5,000 or less ($2,500 or less if you are suing a guarantor) obtain a Claim of Defendant form from the Small Claims Clerk in the court where you are being sued. The claim is filed with the Clerk together with a filing fee.

You must notify the other party that you are suing by having a copy of the Claim of Defendant served on them at least 5 days before the trial date. However, if you were served with the Plaintiff's claim ten (10) days or less before the trial date, you can serve the defendant's claim at least one day before the trial date. You cannot serve the Claim of Defendant yourself.

If your counter claim exceeds the jurisdictional limit of the Small Claims Court and you want your case to be heard in the Civil Division of the Municipal or Superior Court, you must first file a Summons and Complaint in that Division. You will need to bring to the Small Claims Clerk a copy of the Civil Complaint, a copy of the Proof of Service, a Declaration, an order for the Commissioner to sign and a $1.00 transfer fee.

Upon receipt of the above described documents, usually the Small Claims Court will transfer its file to the Municipal or Superior Court. In this manner, both the plaintiff's and defendant's claims may be heard together.