A defendant in small claims may file an Answer/Counter Claim by coming into the Small Claims Division with any pertinent information that applies to the defense of the small claims complaint filed against them. This information may include canceled checks, purchase orders, written contracts, estimates, police reports and other evidence. Organize them in chronological order and be sure to check dates carefully. For example, if you are being sued for damages that occurred in an automobile accident and you have decided to file a counterclaim, you should bring at least two (2) estimates of repairs for the damages sustained to your vehicle. The police report would have been filed with the initial complaint in the matter. The fee for filing a Counterclaim is Thirty Dollars ($50.00) for the service on the Plaintiff.

The Court clerks are available to assist defendants in preparing and typing their Answer/Counterclaim. The Court clerks are prohibited from preparing Answer/Counterclaims and other documents required for corporations, associations or partnerships. 

Answer/Counterclaim forms can be obtained from the Clerk’s Office or you may download it.