I’m being sued by someone in Small Claims Court. What should I do?

3. File a counterclaim

You may want to do more than file a Defence against a claim made against you. You may want to make a new claim of your own. This is called a “counterclaim” or a “defendant‘s claim”.

Why you might make one

You can make a counterclaim if you think:

  • the should have to pay you for something they did
  • you think someone else is responsible for the plaintiff's loss

For example, you may want to file a counterclaim if:

  • the plaintiff hasn't paid the bill for a service you provided
  • the plaintiff is suing you for breaking something that you think another person broke

This is different from defending against a claim made by a plaintiff against you.

Filing a Counterclaim

If you want to make a counterclaim, you must and file it within 20 days of filing your Defence.

Complete a Defendant’s Claim. Take the form and any supporting documents to the Small Claims Court office where the original claim was filed. The court will stamp the counterclaim and return it to you.

Serving the documents

After your counterclaim has been filed, serve it on everyone you're suing. The people you're suing are called the defendants to the defendant's claim.

You can serve your documents:

  • in person
  • by mail or fax
  • by courier

Once you've served the documents, complete an Affidavit of Service for each person who was served. File the affidavits with the court.

There is a fee for filing a counterclaim. If you can't afford the fee, you can ask the court for a fee waiver form.

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