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Home » Self-Help » Small Claims » Suing Someone In Small Claims » Responding To A Small Claims Counterclaim

Responding To A Small Claims Counterclaim

Learn what to do when the person you have sued files a Counterclaim against you.

 

Responding to a Small Claims Counterclaim

When you sue someone, that person can also sue you. They do this by filing a Counterclaim. This lets the court decide your claim and their claim in the same case.

 

Review bw  In Small Claims cases there are three possible responses to a Counterclaim filed against you.

You can:

  • Do nothing - You do NOT have to file a response to a Counterclaim. You have already filed your complaint.
  • Settle - You can attempt to resolve the other side's Counterclaim and your Complaint with the other party.
  • Motion to Dismiss - In Las Vegas, you can file a Motion to Dismiss asking the court to throw out the Counterclaim. 

 Court bw  DO NOTHING - You do not need to respond to a Counterclaim. Attend the scheduled court date to defend yourself.

 Stip  SETTLE - You and the Counterclaimant can always resolve your issues and settle one or both of your claims. If you settle your cases, the court needs to be notified and the cases need to be dismissed. You can find the Notice of Voluntary Dismissal form below as well as on the Small Claims forms page.

NOTICE OF VOLUNTARY DISMISSAL

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 Mediation bw  WANT TO SETTLE? If you’d like help to negotiate an agreement with the counterclaimant, contact the Neighborhood Justice Center. The NJC's FREE mediation service may be able to help you resolve the dispute. Click to visit Mediating a Small Claims Dispute for more information.

 File with clerk bw  MOTION TO DISMISS - In Las Vegas township, you can file a Motion to Dismiss. However, disagreeing with the defendant’s claim is not a basis for a motion to dismiss. You need to be able to show that there is a legal error in the counterclaim.

For instance:

  • The small claims court has no jurisdiction because you do not currently live, work, or do business in Las Vegas.
  • The defendant is asking for something that the small claims court cannot grant (for example, the return of a vehicle).
  • The statute of limitations has already run and the counterclaim is filed too late.
  • The debt the defendant is trying to collect has been discharged in bankruptcy.

Judge bw  A motion to dismiss will be reviewed by a judge. A judge can grant your motion, deny your motion, or set the matter for hearing. 

If your motion is granted, the counterclaim will be dismissed.

If your motion is denied, the counterclaim will move forward.

If the court sets your motion for hearing, the court will send notice of the hearing date to you and the plaintiff by regular mail. 

If either party disagrees with the Court's decision, they can appeal.

You can find a Motion to Dismiss below or on the Small Claims forms page. 

MOTION TO DISMISS - SMALL CLAIMS
PDF Fillable