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If you are being sued in small claims court, you have the right to file a counterclaim against the plaintiff. This is the law in every state. A counterclaim gives the judge the position to decide claims presented by both parties against each other one at a time. If you think that you may want to file a counterclaim against the individuals who are taking you to court, the following steps will help you along in the process:

• Check your state laws. Check your state laws regarding counterclaims. This information can be obtained on the court’s website or at the county clerk’s office. Some states require that the defendant respond to or answer a claim. At this time, they may file a counterclaim. In other states, a defendant simply has to follow the same procedure for filing a regular claim.
• Consult an attorney. Many people go to small claims court without consulting an attorney. This isn’t the smartest idea. An attorney can help you prepare your case and create a sound defensive strategy for you. In some states, you may even be allowed to have an attorney represent you in court.

• Develop evidence. The key to winning a small claims counterclaim case is to convince the judge that your version of the facts is the truth. Back up your oral defense with physical evidence and eyewitnesses. Gather any and all paper evidence that substantiates your claim such as written contracts, canceled checks, photographs or e-mails.

• File the proper forms. Make sure that you file the proper forms regarding a counterclaim. In most states, you will receive a form that must be returned to the court along with your notice to appear. On this form, you can accurately state your counterclaim against the plaintiff. Other states have specific counterclaim forms that you will have to fill out separately.
• Keep an eye on the timeline. Watch your timeline for the case because you must file the counterclaim within a certain number of days after being served or before the hearing commences. If you require more time to prepare your case, you can ask for a new court date when you file your counterclaim.

• Practice makes perfect. Practice your case with friends and family before you go to court. You will be asked to make a clear and logical presentation as to why your counterclaim is valid. By practicing this before hand, you can ease your nerves, develop a concise explanation and fix any holes you may have in your claim.

Remember that the counterclaim must be related somehow to the same incident as the original claim. Counterclaims are often filed in order to provoke a settlement or to reduce the amount of the original claim filed by the plaintiff. If the counterclaim is more than the state’s legal limit for small claims, then it must be made in a regular court of law. In this case, most states will simply move the entire trial to a higher court.

Sometimes, even small disagreements cannot be resolved amicably. Whether you’ve loaned someone money, are owed money or are seeking a fair resolution to a situation in which numerous complaints have been filed, small claims court could be an option for you to consider. The appeal of small claims court is that issues are resolved rather quickly and, as a result, you can collect the money you are awarded faster.

If you are considering small claims court, the following tips will help make it worth your time:

• What is a small claim? A small claim is a small financial dispute in which one party or individual has suffered some kind of monetary loss at the hands of another party or individual. These claims cannot exceed the maximum dollar value, which varies from state to state. This limit normally ranges between $3,000 and $10,000.

• Can I settle the matter myself? First and foremost, see if you can’t resolve the matter yourself. Especially if the dispute involves a friend or a neighbor, because these issues can sometimes be talked out. If talking doesn’t get you anywhere, try writing formal letters to the person or company in question. Keep copies of all correspondence for your personal records. Suing isn’t always the best answer to solve disagreements. Make sure that you aren’t indirectly causing the dispute by your own actions before you proceed.

• Is the claim cost effective? Small claims court cases are resolved quicker than regular court cases. They are also cheaper. Even if your case is slightly over the maximum dollar value, you may want to consider taking it to small claims court instead because you won’t have to spend additional money on lawyers and other court fees.

• Do I need to present evidence? As with any court case, the evidence will weigh heavily on the outcome. It is extremely important for you to gather all relevant receipts, contracts, legal documents, leases, written estimates, written agreements, paid bills and cancelled checks that are relevant to your case. Before and after photos are also effective. Be sure to present all of your evidence calmly and with confidence, and speak clearly.

• What can I expect? Small claims court hearings usually take place within a month or two after you have filed your claim. Court proceedings take 15 minutes or less. Dress appropriately. Even though small claims court cases tend to be more relaxed than regular court cases, you don’t want to give a bad impression. Be prepared — have all of your witnesses and sufficient evidence at hand to support your case.

If you do go to small claims court and win your lawsuit, be sure to ask the judge to have the defendant cover your filing fees, court costs and any other fees associated with the dispute. If not, you may end up paying out more than you get back. Remember, taking your dispute to small claims court is supposed to be worth your time not a waste of time.

Involving a lawyer in your small claims case is generally not necessary. Small claims court is meant to be a more informal version of the courtroom in which the regular person can bring their disputes resolved by a judge without the need for lawyers. The size of these law suits is considered “small” and so involving high prices lawyers would generally defeat the purpose. The lawyers’ fees would often be far higher than the monetary value of the whole case itself.

All the forms you need in order to file in small claims court are available to you from the Court Clerk’s Office. These forms usually contain the basic information you need to fill them out. You do not need a lawyer or any professional person to fill in this claim form. They are intended for everyday people to use.

Many people feel that they should consult a lawyer before they go into court with their claim. You should remember that because this type of court is a little more informal than other courts are, you will not be required to act like a lawyer to present your case. All you really require are the details of your case and all the proof you can gather.

If you show up to act on your own behalf in small claims court, you should be prepared. You should have all your receipts, bills, payment slips, contracts or other documentation that pertains to your case. If you have any witnesses, you will want to make sure they are coming (you may be more comfortable having them subpoenaed so you can be sure they will appear). If you have pictures that relate to the case, bring them along. If your case involves damaged goods, bring those with you as well (as long as they fit into the court).

The judge will ask you questions and listen to your side of the story. They will do the same for the other party. They will then deal with any evidence you have that they feel should be examined. This court is not run in a way that should intimidate you. As long as you have the facts of the case, you have everything you need to appear in small claims court.

Some states allow small claims courts to deal with amounts over $10,000. If your case is for a substantial amount of money and you are able to file in a jurisdiction that allows for that size claim, you may prefer to spend a little money on some advice from a lawyer. Some people book an hour with a professional just to get a little advice about what they might want to focus on for the best results.

In most cases, seeking legal advice from a lawyer prior to heading into your court date is very unnecessary. The judges in small claims court are more than equipped to sort their way through your case with you when you get there. Just prepare yourself by knowing all the details of your case and making sure you are armed with all your evidence on the day of court to discuss it with the judge.

You are not actually ready to file a small claims suit until you have first determined where you will make the claim. In most states, you cannot file a claim against someone who does not live or own property in that state. You must decide if you will file in the county and state that the defendant lives in or if you will file where they own other property or work. You must be confident that the district court you wish to file with has jurisdiction over the defendant.

Once you have made the decision as to which court you will file with, you will then need to fill out the small claims forms. The Court Clerk in the area you have chosen will be able to provide you with these forms. They will also let you know how many copies you will need to provide with your suit.

As you fill out the small claims forms, you will need to have some very specific information. The full name of the defendant and their street address will be needed as well as their telephone number. In a case where you are making a claim against a business, you will need the full legal name of the business and its owner or agent. You can often get this kind of information from the U.S. Department of Commerce.

You will need to know the exact amount of money you are filing for when you fill out your claim forms. If you have a figure in mind, be ready to list out how you have arrived at that amount. You cannot simply file for the maximum small claims limit without an accounting of the calculation.

When you file, you must pay the filing fee. In most states the fee is around $40. Some states use a graduated filing fee that costs more for higher monetary claims than it does for lesser claim values. If you win the case, your cost of filing with the small claims court will be added onto the judgment amount against the defendant.

If you have to hire the services of a law officer to deliver the claim to the defendant, you will be required to pay for that service. Many people choose to have the forms sent to the defendant via registered mail with a return receipt for proof of delivery.

Once you have filed your claim, you will need to prepare for your day in court. You will want to make sure you have all the documents, witnesses and evidence you need to prove your case as decisively as possible. Keep all this information together and ready for court.

You will be informed by the Clerk’s Office when your court date is set. You will need to show up and be ready to speak to the judge and tell your side of the story. Be sure you have revisited your evidence again very close to court date so as to remind yourself of the details of your case.

If you have had your property damaged by an ex-friend or partner or been otherwise slighted by some relatively small infraction of the law, it can seem very appealing to take your case into court and get revenge on someone you’ve wanted to take down for some time. This method of revenge via court case is actually not entirely uncommon in small claims court, and it is through such cases that many people realize they shouldn’t have sweated the small stuff.

The problem is, small claims court can often seem like the best option for teaching someone a lesson. Everyone has someone in their life who such seems to be around to cause trouble and make their life difficult. They often seem stupid or senselessly angry and invoking the letter of the law on such a person seems like a great way to get them to stop and think about their actions. When you put yourself in this position, however, you can find yourself putting on a charismatic, boastful show to the judge and anyone else present because you just know that you are right and you have done the entire world a favor.

Taking on this superior attitude is not something that will be appreciated in a courtroom. The judge will see right through your claim of a broken window (or something else equally mundane) to your hatred of the defendant. Revenge cases, while seemingly straightforward to the plaintiff in every since instance, never turn out the way they might expect. Where a person might be a menace, a constant irritant and certainly in need of some personal clarity, this does not mean that their one single small act of vandalism or slander will not generally incur any harsh penalties. In fact, in dealing with certain aggressive attitudes it may just be adding fuel to the fire.

In some cases, the court will treat the offender exactly as you might have wished, and you will see them shrink under scrutiny and possibly even break down in tears. You may discover truths about that person you had no idea about, and instead of elation at their prosecution simply wish you had left well enough alone. Believe it or not, your conscience could kick in and have you feeling so sorry for the person you dragged into court that you will wish you’d never considered taking it so far!

The bottom line is, if you are having issues with a neighbor or someone else in your family or community (and yes, revenge cases are often centered on feuding family members) it is best to try to work it out at home. You will save yourself court fees, the disapproving look of the judge who will know exactly what you are up to, and it will certainly reflect better on your own character to do so. No one likes to live with regret or remorse, so before you take it to court, ask yourself if you are simply being petty!

The amount you can sue for in small claims court varies widely. If you are considering such a legal pursuit, you should be aware of what the limit are for your area.  Some states have different limits within them as well.  An example is Tennessee where the basic limit for small claims is $15,000 but can be up to $25,000 in some counties of that state.

If you have a legal matter that involves not being paid for services rendered, goods purchased or for cases of unpaid rent due to you or for damaged property, you may file in small claims court.  You may also file a claim in this court for security deposits that have not been returned to you if they are due.  The amount of money involved in the claim must be less than or equal to the small claims limit in your state in order to use this venue of justice.  The small claims courts throughout the United States will not settle any legal matters that involve slanderous remarks, damaged reputations or libel cases. 

Generally, state courts do not allow you to file a claim against someone who does not live or own property in state that you wish to file in.  You may file a claim in the state that the person does live or own property in, but you must remember that you may be required to travel to that state when the case is being heard.

Many people make small claims even though the limit is lower than the amount of their loss.  They often do this because they find small claims court is a faster and less costly way to settle their legal matter.  This may or may not be the most effective suit for you depending on what you want out of the matter. You will most likely be unable to pursue the matter any further legally once it has been dealt with in small claims court, so if the limit is not high enough, consider your other legal options.

The small claims court limits are listed below for each state.  Remember that if you are making a claim against someone in a state other than your own, you must check the limit in the state the claim will be filed. 

When you are going to court for a small claims suit, you will want to bring with you any evidence that you can to help illustrate your case. Evidence can help prove your claim and failing to present such evidence might have a detrimental effect on your whole small claims suit.

If you have any signed contracts or agreements that pertain to the issue at hand, make sure you bring them along on court day. The details that are contained in such documents often make judgment much easier to make simply due to the fact that they list out the specific responsibilities of both parties involved. Some contracts and agreements even list out what is to happen in the case of dispute.

Another excellent type of evidence that you can bring with you to court is any receipts you have for payments made to the other party with regard to the service or goods you were to receive from them in this transaction. Your cancelled checks are good evidence to show payments you have made as well. In the case that the payments were to be made to you by the other party, bring any copies of payments they did make to you, if you have any such evidence.

Copies of any bills and invoices you have presented to the other party will be helpful as well. If your case involves money owed to the other party, you will want to bring any bills and invoices you have received, whether they are correct or not. These are extremely helpful to the judge in assessing how this case evolved to the point it now sits.

If your case involves goods that are easily brought to court, you should bring them. Damaged items and defective items that are a crucial part of the case should always be presented unless they are too large or dangerous to bring into the courtroom. In the case where you cannot bring the items into court, you may want to bring some pictures of them for illustration in their absence. If you must bring pictures, be sure that they include some close ups as well as overview shots so that the judge can see as much as possible.

Estimates for repairs to your damaged goods should also be brought with you to help you present your case. If your case is one that involves estimates for work to be done, it is advisable to bring three different estimate quotes rather than only one.

Often, small claims suits may involve witnesses. People who were present during transactions or conversations between you and the other party can be helpful in your case in many circumstances. If you do have any witnesses, be sure to bring them with you on your court date. The judge may wish to ask some questions of witnesses from both sides in order to get the full story.

Be ready for when you get your day in small claims court. Gather all your evidence together as early as possible in the case so that you know you’re prepared. Go through it all again before the date to be sure you remember what you have with you and make sure it is all organized so that you can produce it easily when the time comes.

Appealing a small claims court case is allowed in many states, while in others the decision of the judge in such cases is indisputable. If you are interested in appealing, you should first determine whether the jurisdiction you initially filed the claim in allows for appeals. A simple telephone call to the Court Clerk’s Office will give you the information you need.

If the court you are dealing with does allow for you to file an appeal, you generally have a very limited time in which to file it. Some locations require appeals to be filed within as little as ten days while others accept filings up to thirty days after the initial judgment was made. In either case, you must not miss these deadlines if you wish to take the matter further.

You can obtain your application for appeal from the Court Clerk’s Office and there is another small fee that must be paid at the time you file the appeal request.

In some states a jury can be requested for small claims appeals. Other states only allow this if the claim is over a certain monetary value.

The majority of small claims cases are not successful in appeal. In some states and jurisdictions this type of appeal can only deal with what the small claims judge did in the first hearing of your case rather than revisiting your initial claim. If the judge made a ruling based on an incorrect interpretation of the law, then you may be quite warranted in appealing the first decision.

In other states and jurisdictions an appeal means that the entire case will be heard over again by another court and a verdict rendered. In the short time that you are allowed to file an appeal, you will want to determine which type of appeal is at your disposal for the area in which your case will be heard.

If you are simply unhappy with the judgment but there were no errors in the way it was handled, you may want to forego the extra effort and time to file an appeal. If you are very sure that you are in the right despite the ruling and you meet the legal criteria for the appeal, go for it.

Many appeal courts in this country will also make awards in small claims cases if they determine that an appeal was filed merely to delay action or to harass the other party. These awards can include compensation for legal fees and even transportation and accommodations for traveling to the appeal hearing.

If your case is in an area where appeals are allowed, you will want to determine if actually filing an appeal is worth it to you or not. Many people decide to appeal based on a strong feeling that they are right about the matter. Others appeal just because they meet the legal requirements and are allowed to appeal. Other people simply choose to accept the first judge’s ruling and move on. This is a personal decision and one you will need to think seriously about.