WHAT IS A COUNTERCLAIM?

A “counterclaim” is a claim filed against you by the defendant a countersuit. The counterclaim must be for money only. The amount of the counterclaim cannot be more than $3,000 in Town or Village Court or $5,000 in City Court. Any counterclaim for more than $3,000 must be brought in another part of the court or in a different court having the needed jurisdiction.

The defendant is required to file his or her counterclaim with the court within five days of receiving the notice of claim and must pay the court fee of $3 for actions brought in a Town or a Village Court, or $5 for actions brought in a City Court, plus the cost of mailing the counterclaim to you. If the defendant fails to file a counterclaim within the five-day period, the defendant may still file a claim up until the time of the hearing. The judge then may either proceed with the hearing or adjourn the hearing for a period no longer than 20 days or as soon thereafter as may be practicable. However, if the defendant did not file the counterclaim within the five-day period, the judge must adjourn the hearing to a later date if you ask the judge to postpone the hearing because you believe you are not prepared to defend against the counterclaim. In some cases, the judge might decide to delay the hearing even if you do not ask for a postponement.  You have the right to reply to a counterclaim but are not required to do so.

If you receive notice of a counterclaim with enough time before the date of your hearing, be prepared to present your claim and also defend against the counterclaim on the day of your hearing.

For more information serving legal papers visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com. #SmallClaims #FilingALawsuit #Lawsuits

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