Suing The Person Who Is Suing You In Small Claims
Find out how you can sue the person who is suing you in small claims court if you believe that person owes you money, including how to analyze, prepare, and file a Small Claims Counterclaim.
Overview
If you are being sued in small claims court, you can file a “counterclaim” (a claim against the person who is suing you) if you believe that the plaintiff owes you money. A counterclaim allows you (now called the “counterclaimant”) to have your claim decided along with the claim the plaintiff (now called the “counterdefendant”) brought against you.
Below is a short video: Filing A Counterclaim. Remember that different small claims courts have different procedures, so make sure you're complying with your court's requirements. To watch the entire small claims video series, click to visit our Videos page.
The small claims video series was made possible thanks to a grant from the State Bar of Nevada's Lawyer Referral and Information Service.
Q&A - Counterclaims
Is a “counterclaim” the same thing as a “defense”?
Having a “counterclaim” is different than having a “defense.” If you believe the plaintiff’s claim against you should be denied for some reason, that is a “defense.” It is your legal and factual argument about why the plaintiff is not entitled to the money plaintiff is seeking. In a small claims case, you will have the opportunity to raise all of your defenses at the small claims hearing.
If you believe the plaintiff owes you money – and that you would be able to sue the plaintiff for that money regardless of plaintiff’s lawsuit against you – that is a “counterclaim.”
Does my counterclaim need to relate to the same thing that the plaintiff is suing me for?
Your counterclaim might be related to the same thing that the plaintiff is suing you for, or it might relate to something different. (JCRCP 13 & 88.) Generally speaking, if your counterclaim relates to the same thing as the plaintiff’s claim (or in legal speak, your claim “arises out of the transaction or occurrence” that is the subject of plaintiff’s claim) then you must assert your counterclaim in the case. If your counterclaim does not relate to the same thing as plaintiff’s claim (in other words, your claim does not arise out of the same transaction or occurrence), you can assert your claim as a counterclaim, or you can bring a separate lawsuit against the plaintiff. For more information, click to visit Justice Court Rules and read Rule 13 of the Justice Court Rules of Civil Procedure.
How do I determine the exact amount of my counterclaim?
In small claims court, counterclaims can request no more than $10,000.
You need to determine the exact amount of money you are seeking to recover. This may seem obvious, but sometimes it is not that simple. For example, if you are trying to recover the estimated cost to repair something, you should obtain three estimates so the judge can decide the proper amount. If you are basing the amount of your counterclaim on the cost to replace something, keep in mind that the judge might only consider the current value of the lost or destroyed item, not the replacement cost. Some costs (like time off work, parking, photocopies, or babysitting services) may not be recoverable at all.
Remember that the judge can always award you less than you requested, but never more. Remember also that the judge can only award money. The judge cannot order the counterdefendant to do something (return a car or a dog to you, for example) or to stop doing something (like playing loud music or parking in your parking space).
FYI! In small claims cases, just like other cases, you can ask for "punitive damages" (damages intended to punish the counterdefendant rather than compensate you for actual loss or injury). But you’ll need to prove the counterdefendant was guilty of "oppression, fraud, or malice." (NRS 42.005(1).) Your total award must still be $10,000 or less.
In some types of cases, you can ask for "statutory damages" (damages specified by a statute or regulation). If you find a statute that applies to you, include a copy of the statute with your other evidence. You can talk to an attorney or do research at the law library to see whether a statutory damages provision applies to your case. Click to visit Lawyers and Legal Help.
FYI! You can ask for damages for emotional pain and suffering but you must prove the damage. Your total award must still be $10,000 or less.
If your counterclaim is for more than $10,000, you can still file in small claims court, but you will "waive" (give up) any amount above $10,000. You cannot split one large claim into two or more smaller claims in order to file in small claims court.
How do I prepare my counterclaim?
The Counterclaim (Small Claims) is the document that allows you to assert your claim against the counterdefendant. Which counterclaim form you will use depends on where your small claims case is pending.
- If your small claims case was filed in the Las Vegas Justice Court, that court has created its own small claims forms that you must use. You can download a Counterclaim (Small Claims) for the Las Vegas Justice Court by clicking to visit the Las Vegas Justice Court Small Claims Forms page. The form is also available, free of charge, at the Self-Help Center, or you can link to it by clicking underneath the form’s title below:
LAS VEGAS SMALL CLAIMS COUNTERCLAIM
PDF FILLABLE
TIP! For more information about the specific requirements for a small claims case in the Las Vegas Justice Court, click to visit the Las Vegas Justice Court Small Claims page.
- If your case was filed in one of the other justice courts in Clark County (Henderson or North Las Vegas, for example), a Counterclaim (Small Claims) form for those courts is available, free of charge, at the Self-Help Center, or you can downloaded it on your computer by clicking one of the formats underneath the form's title below:
SMALL CLAIMS COUNTERCLAIM - HENDERSON
PDF FILLABLE
SMALL CLAIMS COUNTERCLAIM - OTHER
PDF FILLABLE
Your counterclaim should be typed and printed out or neatly handwritten. For more information about filling out forms and filing, click to visit Basics of Court Forms and Filing.
How do I file my counterclaim with the court?
If you are filing in any of the Clark County justice courts other than the Las Vegas Justice Court, when you go to the court clerk to file your counterclaim, you will need:
Your original Counterclaim plus at least two copies, and
The correct filing fee (if required).
If you are filing in the Las Vegas Justice Court, you must have a working e-mail address because that court electronically files all documents. When you go to the court clerk to file your counterclaim, you will need:
The original counterclaim, and
The correct filing fee of $71.00.
TIP! It is very important that you check both your regular mail and your e-mail address often because court notices could be sent to you by either method. Also check your "junk" e-mail folder in case your computer placed a court e-mail there mistakenly. For more information about electronic filing, click to visit the Las Vegas Justice Court website.
To learn about filling out forms and filing, click to visit Basics of Court Forms and Filing.
When you file a counterclaim, the court clerk will assign your counterclaim the mediation or hearing date that is already set in the case.
Will the court charge me a filing fee to file my counterclaim?
Check with the court to determine whether a filing fee will be required. Click to visit Justice Courts for court locations and contact information. You can pay the filing fee (if one is required) by cash, Visa, Mastercard, ATM or debit card, money order, or cashier's check. Current filing fees for jurisdictions other than Las Vegas are:
- $46.00 for claims between $0.00 - $1,000.00
- $66.00 for claims between $1,000.01 - $2,500.00
- $86.00 for claims between $2,500.01 - $5,000.00
- $146.00 for claims between $5,000.01 - $7,500.00
- $196.00 for claims between $7,500.01 - $10,000.00
If you file your counterclaim in Las Vegas Justice Court, you will be charged $71.00.
If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"), which is available, free of charge, at the Civil Law Self-Help Center. You can also download the form on your computer by clicking one of the listed formats underneath the form's title below:
APPLICATION TO WAIVE FILING FEE
PDF FILLABLE | PDF NONFILLABLE
APPLICATION TO WAIVE FILING FEE (LAS VEGAS ONLY)
LV Pdf Fillable
To learn about filling out legal forms and filing with the justice court, click to read Basics of Court Forms and Filing.
Do I need to “serve” my counterclaim?
After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint. For more information, click to visit Serving Your Small Claims Complaint.
If your small claims case is in Las Vegas, you will need to serve: (1) the Counterclaim (Small Claims) to Defendant(s)/Counterclaimant(s) or Plaintiff(s)/Counterdefendant(s). You can download this form on your computer by clicking to visit the Las Vegas Justice Court Small Claims Forms page. Forms are also available, free of charge, at the Self-Help Center, or you can link to them by clicking underneath the form’s title below:
LAS VEGAS SMALL CLAIMS COUNTERCLAIM
PDF Fillable
TIP! For more information about the specific requirements for a small claims case in the Las Vegas Justice Court, click to visit the Las Vegas Justice Court Small Claims page.
What happens after I file and serve my counterclaim?
After you serve the counterdefendant with your counterclaim and file proof of service with the court, you simply attend your small claims mediation or hearing. Click to visit Going to Small Claims Court and Mediating a Small Claims Dispute.
If your case is in Las Vegas, and you do not serve the counterdefendant at least 12 days before the trial date, you can file a Motion to Continue to ask for more time. You can download this forms on your computer by clicking to visit the Las Vegas Justice Court Small Claims Forms page. The form is also available, free of charge, at the Self-Help Center, or you can link to them by clicking underneath the form’s title below:
LAS VEGAS SMALL CLAIMS MOTION TO CONTINUE
PDF FILLABLE | PDF NONFILLABLE
TIP! If you discover you need to change something in your counterclaim after you’ve filed it, you will need to file an “amended” counterclaim. To do this in Las Vegas, file an Amended Counterclaim which can be found under Las Vegas Justice Court Small Claims Forms page. For all other jurisdictions, simply use the same small claims counterclaim form you previously completed, but write “AMENDED” above the document’s title. Change whatever information you need to change, and file the new, amended counterclaim with the court. A couple of cautions: If you change the amount of money you’re seeking, the court may charge you an additional filing fee. If you’ve already served the counterdefendant, you’ll need to serve her again with the amended counterclaim. Because of these and other potential problems, it’s always best to take the time to get your counterclaim right the first time.
